(The Center Square) – Parents receiving taxpayer money for school choice won’t lose it immediately, as the state plans to appeal a ruling that declared Ohio’s EdChoice program unconstitutional.
Franklin County Common Pleas Judge Jaiza Page ruled late Tuesday in favor of 200 of the state’s public school districts that sued over the voucher program, which was expanded to any Ohio family that wanted to use it.
The state’s current budget included $1 billion for the program.
“The state may not fund private schools at the expense of public schools or in a manner that undermines its obligation to public education,” Jaiza wrote in a 42-page ruling.
Attorney General Dave Yost said the state will appeal the decision to the 10th District Court of Appeals. Any decision there will likely be appealed to the state Supreme Court.
Jaiza stayed the ruling through the appeals process.
For the past two years, a private school voucher for a high school student was $8,407 and for K-12, $6,165.
“Although this legal victory is likely the first step in a much longer process through the appeals courts, the ruling Tuesday represents a huge victory for Ohio’s public school educators, school communities and students who have seen critical resources diverted from our public schools for years to fund private school tuition payments for mostly-wealthy families whose children had never attended their local public schools in the first place,” Ohio Education Association President Scott DiMauro said in a statement.
EdChoice is not the only voucher program in Ohio, but it is the largest. The Cleveland Scholarship Program, Jon Peterson Special Needs Scholarship Program and Autism Scholarship Program also offer choice options.
School Choice Ohio said more than 143,000 students used the EdChoice voucher program in fiscal year 2025.
“While we profoundly respect the judicial process, we vehemently disagree with the court’s interpretation of Ohio’s Constitution and believe the EdChoice program remains a constitutionally sound mechanism to empower families,” Eric “Yitz” Frank, president of School Choice Ohio, said in a statement. “We are confident of prevailing on appeal and will continue to stand alongside Ohio families who rely on these important programs. We do appreciate Judge Page staying the ruling, allowing EdChoice to continue uninterrupted during the appeals process.”
