COLUMBUS — An Ohio appellate court ruled Thursday that the EdChoice school vouchers program is unconstitutional, our news partners at WBNS reported.
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The program uses taxpayer dollars to fund private school tuition.
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As WBNS reported, the panel of judges from the 10th District Court of Appeals in Franklin County found that EdChoice vouchers violate Article 6, Section 2 of the Ohio Constitution.
The section stipulates that the General Assembly “will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.”
In the opinion, Judge David Leland wrote that the program is in violation for funding a separate school system, which in turn violates the mandate for a singular public education system, WBNS reported.
He also wrote that it lacked meaningful state oversight and noted that it was unavailable to those in rural areas.
“Participating non-public schools are subject to materially less extensive state oversight, 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,” Leland wrote.
Thursday’s decision reaffirms a June 2025 decision which first found the program to be unconstitutional, WBNS reported.
A stay was issued to keep the program in place “pending a further anticipated appeal.”
Ohio Attorney General Andy Wilson released the following statement after the ruling was announced:
“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.
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."
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