By Ohio 10th District Court of Appeals has declared unconstitutional EdChoice and EdChoice Expansion, affirming an initial judgement that “EdChoice and EdChoice Expansion, 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 (public schools).”
“EdChoice and EdChoice Expansion are therefore declared unconstitutional, in violation of Ohio Const. art. VI, § 2. The laws are enjoined, but the injunction is stayed pending further anticipated appeal,” the court ruled.
“Participating non-public schools are subject to materially less state oversight, the admission “choice” is with the private schools not the parents, they cherry-pick students from public schools, they are geographically isolated in Ohio’s urban centers, and they 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 Expansion is Ohio’s income-based scholarship program for K–12 students whose families meet certain income thresholds. It provides the same scholarship amounts as traditional EdChoice—$6,166 (K–8) and $8,408 (9–12)—but eligibility is determined by household income rather than school assignment.
In response, Ohio Attorney General Andy Wilson said, “although we are disappointed in the ruling, we appreciate that the court stayed its decision, so the EdChoice program will continue uninterrupted as we appeal to the Ohio Supreme Court. Families should not worry, as there is no immediate impact from the ruling.
“I believe that parents should have the option to send their kids to the school of their choice. If the legislature wants to help parents fund that choice, then that is within the authority of the General Assembly to do so.
Andy Wilson added that, “the current system does not hurt our public schools. There are many great public schools across the state that are doing a wonderful job educating students. This is about a family’s choice on how they want to educate their kids.”
Also, Senate Democratic Leader Nickie J. Antonio (D-Lakewood) said, “we are pleased to see that not one, but two courts have now found that EdChoice vouchers undermine the state’s constitutional responsibility to maintain a strong system of public schools,” said Antonio.
“The Republican supermajority has continually expanded vouchers to private and religious schools that are allowed to remain unaccountable without the same transparency required of our public schools. This comes at the expense of our public schools, which are rigorously regulated and mandated to educate every student regardless of their income, ability, or background. Since the DeRolph decision, Democrats have been fighting to fully and fairly fund our public schools. This fight will continue until every Ohio student has access to a high-quality education.”
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