Ohio appeals court rules EdChoice scholarship program unconstitutional

The Ohio 10th District Court of Appeals has upheld a ruling declaring the state’s EdChoice scholarship program unconstitutional. A three-judge panel unanimously found that the program violates the Ohio constitutional requirement for a ‘thorough and efficient system of common schools.’

The court determined that the program provides choice to private schools rather than to families, noting that participating private schools maintain broad discretion over student admissions. This allows schools to deny or discontinue students based on their own criteria, meaning the school, not the family, ultimately decides if the taxpayer-funded voucher can be used.

Furthermore, the court identified three ways the program harms public education: by allowing private schools to ‘cherry-pick’ students, concentrating participating schools in urban areas, and reducing the incentive for voters to approve local school levies. These factors were described as creating a ‘downward spiral’ of reduced enrollment and increased fiscal pressure on public schools.

Advocacy groups, including Agudath Israel of Ohio, expressed disappointment but stated they remain confident the program will be upheld on appeal. The EdChoice program, which provides up to $8,400 per eligible student for nonpublic school tuition, will remain operational while the legal process continues. The case is expected to move to the Ohio Supreme Court.