Ohio EdChoice voucher program constitutionality litigation

The Ohio 10th District Court of Appeals has upheld a ruling declaring the state’s EdChoice and EdChoice Expansion voucher programs unconstitutional. A unanimous three-judge panel determined that these programs violate the Ohio constitutional requirement to maintain a ‘thorough and efficient system of common schools.’

The court found that the programs provide choice to private schools rather than families, as participating institutions maintain discretion over admissions. This allows schools to ‘cherry-pick’ students, which the court noted creates a ‘downward spiral’ of reduced enrollment and fiscal pressure on public schools. Additionally, the ruling highlighted that the system lacks meaningful state oversight, allows religious organizations to control public funds, and remains largely inaccessible to rural residents.

While the court stayed the opinion to ensure families using the vouchers see no immediate impact, the state intends to appeal the decision to the Ohio Supreme Court. Legal and political reactions remain divided; Senate Democrats praised the ruling for protecting public education, while Republican leaders argued that taxpayer funds should support parental choice.