Politics
Ohio appeals court says expanded EdChoice vouchers violate state school mandate
An Ohio appeals court upheld a ruling against the state’s expanded EdChoice voucher programs, finding they divert resources from public schools while funding private schools with less oversight. The decision is stayed during an expected further appeal, so the programs remain in effect for now.
A state appeals court has upheld a ruling that Ohio’s expanded EdChoice voucher programs violate the state constitution’s requirement to provide a thorough and efficient system of public schools, finding that the programs create a taxpayer-funded alternative at public schools’ expense.
The Ohio Tenth District Court of Appeals issued its decision Thursday, Oct. 15, affirming a Franklin County trial court’s judgment for Columbus City Schools and other school districts, a statewide school-funding coalition and individual students. The court also ordered enforcement stayed pending a further anticipated appeal, meaning the voucher programs remain in place while the case proceeds.
The challenge concerns the original EdChoice program and EdChoice Expansion. The legislature broadened eligibility over time, and a 2023 expansion made nearly every Ohio student eligible, with voucher amounts tied to household income. The appeals court said the programs cost nearly $1.45 billion in fiscal years 2024 and 2025.
The court concluded that the programs, in their current form, support a separate system of private schools that does not meet the Ohio Constitution’s definition of “common schools.” It pointed to differences in admissions, geographic access and state oversight. Private schools can decide which students to admit, the court said, while public schools must serve students in their districts. The decision also noted that many voucher-funded schools are concentrated in urban counties and that the state requires less financial and performance reporting from participating private schools than from public districts.
The judges also found that voucher spending compounds financial pressure on public schools. The decision said voucher funds and public-school foundation funding come through the same budget appropriation line, and cited evidence that the state did not fully fund its Fair School Funding Plan while directing hundreds of millions of dollars to vouchers. It also reasoned that when students leave, districts can lose per-pupil funding while retaining many fixed costs and responsibilities for students who remain.
The ruling follows a 1999 Ohio Supreme Court decision upholding a much smaller voucher program in Cleveland. That decision cautioned that a substantially expanded program could damage public education and face a renewed constitutional challenge. The appeals court said its ruling applies to EdChoice and EdChoice Expansion as they are currently structured and funded; it did not find that every voucher program would violate the constitution.
The court did not decide the plaintiffs’ separate claims concerning segregation or equal protection, saying those issues did not need to be resolved after its ruling on the state constitutional requirement. The appeals court’s decision was authored by Judge Leland, with Presiding Judge Boggs and Judge Dingus concurring.
The state and families who intervened to defend the programs had appealed the trial court ruling. The appeals court’s stay leaves the next step to the anticipated further appeal, while Ohio’s voucher programs continue operating in the meantime.