Ohio judge rules private school voucher program unconstitutional

State officials plan to appeal a judicial ruling that the Ohio school voucher program violates the state constitution. Ohio’s Educational Choice Scholarship Program, known as EdChoice, offers financial support to eligible K-12 public school students who wish to attend a private school. Accepted applicants in middle and elementary school may receive $6,166 toward private school tuition, with eligible high school students receiving $8,408. Ohio Attorney General Dave Yost’s office is confident that the appeal will be a success, office spokeswoman Bethany McCorkle said in a statement reported by local news outlet WXIX.

A ruling came after a coalition of school districts and parents sued the state in 2022 over the program. The advocacy group Vouchers Hurt Ohio led the charge, alleging the program receives a disproportionate amount of taxes compared to the state’s public school system. The state constitution does not allow legislators to create and fund a nonpublic school system, especially if the existing public school system suffers for it, the group argued.

What issues did the judge have with the program? Franklin County Common Pleas Judge Jaiza Page agreed with public school advocates in her Tuesday ruling. During the 2022-2023 school year, over 150 private schools received EdChoice reimbursements for more than 75% of enrolled students, Page noted. Legislators essentially created a system of private schools directly funded with over $700 million state taxes, which is unconstitutional, she wrote.

Page also agreed that legislators failed the constitutional requirement to thoroughly and adequately fund the public school system. Private schools get a large chunk of public funding on top of nonpublic funding, while public school districts don't have the budget to make necessary building repairs or update learning materials, she said. Page agreed that the program unconstitutionally allocated state funds to religious schools. Privately run religious schools are receiving direct funding from the government, while still discriminating against prospective students on the basis of religion and sexual orientation, she wrote.

Page ended by noting that the order may be immediately appealed, adding that there was no just reason for a delayed appeal. Yost’s office also noted that program changes won’t go into effect while legal proceedings continue to unfold, meaning families will continue receiving vouchers for the time being. The Ohio 10th District Court of Appeals will hear the appeal, with subsequent petitions going to the Ohio Supreme Court.

What is school choice? Proponents of school choice say it introduces competition into the education system by allowing public school funds to follow students to the schools that best meet their needs. The funding can go towards a public school, a private school, a charter school, home school, or any other learning environment families select, according to the national EdChoice website. By forcing learning institutions to compete for funding, school choice requires them to succeed and improve in order to remain solvent, advocates say.

Dig deeper: Read previous Sift reports about Georgia, Tennessee, and Iowa moving toward similar voucher programs.