Ohio's private school voucher program is unconstitutional, an appeals court ruled on Oct. 15, but the program will stay in place for now.
According to a release, the 10th District Court of Appeals for the state of Ohio unanimously upheld a previous decision that EdChoice vouchers violates the Ohio Constitution. Ohio vouchers function like a taxpayer-funded scholarship to private schools. The option is called The Educational Choice Scholarship Program or EdChoice.
The 10th District Court of Appeals panel included Judges David Leland, Kristin Boggs and Shawn Dingus. All three are Democrats and two are former state lawmakers. Leland wrote in his decision that the "use of 'EdChoice' is misleading, given that the school 'choice' is with the private
schools not the parents."
Leland wrote that the private school voucher program, which spends over $1.4 billion in taxpayer dollars, violates the Ohio Constitution by funding a separate school system and lacking oversight. The EdChoice vouchers, he said, "receive taxpayer funding in a manner that operates at the expense and detriment of Ohio’s public schools, and, consequently, the children who depend on those public schools for instruction, support, and opportunities that shape their future.”
“EdChoice, as presently structured and funded, secures with taxpayer funds a competing system of uncommon schools that is not subject to the same obligations imposed on Ohio’s system of common schools," Leland wrote.
But Ohio's sweeping voucher program will remain in place for now. The Ohio Attorney General is expected to appeal this ruling to the Ohio Supreme Court.
Delaware Republican State Sen. Andrew Brenner said that he expected the decision from the appeals court, calling it "political" and questioned its timing ahead of the Nov. 3 election. He said he was confident the Ohio Supreme Court would rule in favor of the program.
"I'm not surprised by (the decision)," Brenner said. "I think the timing is political as well, I'm sorry but the courts are being political in a lot of the decisions they are making."
Several hundred schools sued over the state's private school voucher program, also called EdChoice. They contend that the program violates the state Constitution and leads to underfunding public schools.
In 2025, a Franklin County judgeruled the program was unconstitutional, and shortly after, Republican lawmakers appealed that decision.
The state Constitution requires Ohio to provide "a thorough and efficient system of common (public) schools throughout the state" and bans religious organizations from having "any exclusive right to, or control of, any part of the school funds of this state."
What started as a small program to help low-income families in underperforming school districts has ballooned to a $1 billion operation. In 2023, GOP state lawmakers approved a near-universal school voucher system, which allows students from high-performing public schools and high-earning families to take advantage of the option.
This story will be updated.
Cole Behrens covers K-12 education and school districts in central Ohio. Have a tip? Contact Cole at cbehrens@dispatch.com or connect with him on X at @Colebehr_report
This article originally appeared on The Columbus Dispatch: Ohio appeals court says private school vouchers are unconstitutional
