COLUMBUS, Ohio – The 10th District Court of Appeals in Ohio issued a ruling today upholding a lower court decision on the constitutionality of Ohio’s EdChoice Scholarship Program. The decision has been stayed pending an expected appeal by the State of Ohio to the Ohio Supreme Court, ensuring no immediate impact on participating students or families. Scholarships will remain in place at least until the appeals process is exhausted.
“This ruling represents an egregious example of judicial overreach that threatens to disrupt the education of 180,000 Ohio students who rely on EdChoice to access high-quality educational options beyond their assigned public school,” said Troy McIntosh, Executive Director of the Ohio Christian Education Network (OCEN). “Ohio is facing a severe educational crisis, with two-thirds of public school eighth graders failing to achieve reading proficiency and three-quarters falling short in mathematics. The loss of EdChoice would threaten to strip away one of the most effective tools created by elected leaders to reform and improve Ohio’s education system.”
The appellate court’s ruling follows a lawsuit filed by a coalition comprising fewer than half of Ohio’s public school districts. The plaintiffs strategically filed their case in lower courts that are historically favorable to their claims. OCEN remains confident that the legal landscape will be evaluated differently at the state’s highest court.
“Based on the merits of the case and the current composition of the Ohio Supreme Court, we anticipate that the court will reverse the appellate decision and uphold the constitutionality of the EdChoice program,” McIntosh stated. “Nevertheless, this situation underscores the vital importance of Christians participating in the democratic process. In the upcoming November elections, Ohio voters will select two Supreme Court justices and an Attorney General who will oversee the State’s defense of the program. We urge families committed to educational freedom to remain informed on candidates’ positions as they head to the ballot box.”
