Ohio Judge Declares EdChoice Voucher Program Unconstitutional
A Franklin County judge has ruled Ohio’s EdChoice scholarship program unconstitutional, marking a significant development in the Vouchers Hurt Ohio lawsuit brought by dozens of public school districts and the Coalition for Adequacy and Equity of School Funding. Despite the ruling, Judge Jaiza Page allowed the program to continue during the appeals process.
Key Points from the Ruling
- Direct funding of private schools: Judge Page said the state diverted tax dollars from public schools to fund a separate system of “uncommon private schools,” violating the Ohio Constitution.
- Lack of oversight: The EdChoice program was found to fund private, often religious schools with little to no state oversight, opening the door to potential discrimination.
- Increased segregation: Page cited data showing increased segregation in public schools, as higher numbers of white students left for private schools using vouchers.
- Undermining public education: The judge said EdChoice harms the constitutional requirement to maintain a “thorough and efficient system” of public education.
The EdChoice program has grown significantly, especially since income restrictions were lifted in 2022. It now provides up to $8,408 per high school student to attend private schools, regardless of income.
Reactions
William Phillis, director of the Coalition for Adequacy and Equity of School Funding: “The EdChoice private school voucher program, which has been diverting hundreds of millions of much needed tax dollars from public schools to private schools, is unconstitutional.”
Scott DiMauro, president of the Ohio Education Association: “When money is diverted to voucher programs, particularly to fund private school tuition for children who never set foot in a public school, the vast majority of those students coming from high income backgrounds, that depletes resources from the nearly 90% of children attending our public schools,”
Eric “Yitz” Frank, president of School Choice Ohio, disagreed: “We are confident of prevailing on appeal and will continue to stand alongside Ohio families who rely on these important programs.”
What’s Next:
- The Ohio Attorney General’s Office has announced an appeal.
- EdChoice will continue during the appeals process, protecting access for approximately 100,000 students currently enrolled in private schools through the program.
This case echoes the landmark DeRolph v. Ohio ruling of the 1990s, which also found the state’s school funding system unconstitutional. The current lawsuit may once again reshape the landscape of education funding and school choice in Ohio.
