The Ohio Supreme Court will decide whether Ohio’s EdChoice school voucher program violates the Ohio Constitution. On Oct. 15, a three-judge state appeals court ruled against the program, saying it conflicts with the state’s duty to maintain a “thorough and efficient system of common schools.” The ruling is on hold pending appeal, so families may continue using scholarships for now.
EdChoice was established in 2005 and significantly expanded in 2013. The program allows families to use state-funded scholarships toward tuition at participating private schools, including religious schools. Roughly 180,000 students rely on the program.
The appeals judges said EdChoice diverts resources from public education while funding private schools that can select students and operate under different rules. Public school officials argue that when students leave, districts lose funding while still carrying costs for buildings, transportation and other expenses. Those are real budget questions, but they do not erase the needs of children whose parents are seeking a better fit.
Ohio has been at the center of this fight before. In 2002, the U.S. Supreme Court upheld an earlier Ohio voucher program in Zelman v. Simmons-Harris, ruling that public assistance used by parents at religious schools did not violate the First Amendment’s establishment clause. The current lawsuit raises questions under the Ohio Constitution, so Zelman does not decide this case.
The stakes are direct for Ohio families. Wealthy families can often choose private tuition or move to a different district. EdChoice gives poor and middle-class families an option they may not otherwise have. The Ohio Supreme Court’s decision will determine whether those families keep meaningful school choice or whether the state narrows their options by court order.
