Ohio’s School Choice Program Moves Through the Courts

The 10th District Court of Appeals this week heard arguments regarding Ohio’s school voucher program, EdChoice, and will decide whether to uphold a judge’s ruling that the program is unconstitutional.

A decision from Common Pleas Court Judge Jaiza Page was appealed last July by Ohio Attorney General Dave Yost, who has defended school choice.

Whatever the outcome, the case is expected to ultimately go before the Ohio Supreme Court.

School Districts and Teachers Unions Fight School Choice

Many school districts and teachers unions are involved in the legal fight against EdChoice, a fact that stood out to Troy McIntosh, executive director of Ohio Christian Education Network, a division of the Center for Christian Virtue.

“It’s a real shame that the groups behind this lawsuit are more concerned with propping up teachers unions than with the well-being of our kids. They are using taxpayer dollars to file a lawsuit over taxpayer dollars in hopes of securing even more taxpayer dollars—funds that may or may not ultimately go toward education,” McIntosh told The Daily Signal. “Is it any wonder parents are choosing to pull their children out of Ohio’s failing public schools and enroll them in alternative schools through the EdChoice Scholarship Program?”

A budget signed by Republican Gov. Mike DeWine expanded EdChoice in 2023. The Heritage Foundation ranked Ohio 14th in Education Choice for 2024-2025, just as it did for 2023-2024.

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Supporters of EdChoice and those defending it in court argue that taking away money from vouchers might not even benefit public schools.

There is “no inherent connection between the EdChoice funding and the public-school funding,” Deputy Solicitor General Stephen Carney is quoted by the Ohio Capital Journal as saying. Carney added that money taken away from EdChoice could go to other priorities, such as Medicaid, which Ohio spends an extraordinary amount of money on and is racked with fraud concerns.

A news release from Yost’s office noted that an end to the program would not automatically mean additional funding for public schools because “those budget decisions rest entirely with the General Assembly.”

Parental Choice Likely to Win in the End

According to Yost, further reasons the program should ultimately be ruled constitutional are “because funding is directed by parental choice, a principle already upheld by the Ohio Supreme Court,” as well as the program being “a separate investment that does not interfere with the state’s duty to fund a ‘thorough and efficient’ system of public schools.”

As the Ohio Capital Journal noted, the three judges deciding this case are Democrats and are expected to agree with Page’s ruling. However, the Ohio Supreme Court, which will ultimately decide the case, is more conservative.

Yost predicted on X that the school districts will ultimately lose.

The Ohio Department of Education and Workforce told The Daily Signal that the department “is unable to comment on pending litigation.”

The voucher program is allowed to remain in effect while the litigation continues.