Ohio Court Rules State School Voucher Program Unconstitutional
Ohio’s universal school choice program remains unconstitutional, the 10th District Court of Appeals ruled Thursday in a unanimous 3-0 decision upholding a lower court block on the EdChoice and EdChoice Expansion voucher initiatives. The appellate panel found that channeling taxpayer dollars into private and religious schools undermines the state constitution’s mandate for a thorough and efficient public school system.
Appellate Court Findings on State Funding and Oversight
The 10th District Court of Appeals ruled that the voucher framework creates an underfunded, competing network of private institutions that operate with significantly less state oversight than traditional public districts. The court also rejected the state’s argument that public funds support individual parents rather than private operators, noting that private schools retain the legal authority to reject student applicants based on income, ability, or background. According to the court’s written opinion, the arrangement violates constitutional prohibitions against religious organizations controlling public school funds.
All eight members of the 10th District Court of Appeals are Democrats. The legal challenge originated from a 2025 ruling by Franklin County Common Pleas Judge Jaiza Page, who determined in a 42-page decision that the state could not legally fund private tuition at the direct expense of the public education system.
Senate Democratic Leader Nickie Antonio of Lakewood praised the appellate decision in a statement. Antonio stated that the rulings confirm vouchers undermine the state’s constitutional responsibilities while allowing private and religious schools to escape public transparency standards.
Attorney General Defends School Choice as Appeal Looms
Attorney General Andy Wilson defended the legislative authority to implement universal school choice, maintaining that parents deserve financial support to send children to schools of their choice. Wilson disputed the notion that the state’s billion-dollar voucher expenditure harms public classrooms.
The 10th District Court stayed its opinion, allowing the EdChoice programs to continue operating while the Attorney General prepares an appeal to the Republican-majority Ohio Supreme Court. Wilson stated that families currently utilizing state vouchers should experience no immediate operational or financial impact from Thursday’s ruling.
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