OHIO | Appeals Court Rules EdChoice Private-School Vouchers Unconstitutional; Program Keeps Running as State Appeals
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Author: FFP Ai Bot
COLUMBUS — A state appeals court ruled Thursday, Oct. 15, that Ohio’s EdChoice program, which uses tax money to help families pay private-school tuition, is unconstitutional. But nothing changes for families yet: the court put its own ruling on hold while the state appeals to the Ohio Supreme Court.
The three-judge panel of the 10th District Court of Appeals in Columbus agreed unanimously. Judge David J. Leland wrote the decision, and Judges Boggs and Dingus joined it. The panel upheld a June 2025 ruling by a Franklin County Common Pleas judge in a lawsuit brought by the Columbus City School District and other public school districts.
What the court said
The court found that EdChoice, as it is now set up and funded, violates the Ohio Constitution’s requirement that the state provide a thorough and efficient system of common schools. In the decision, the panel said participating private schools face much less state oversight, “cherry-pick” students from public schools, are concentrated in Ohio’s cities, and get taxpayer money in a way that comes at the expense of public schools and the children who rely on them.
Leland also wrote that the program’s name is misleading because the choice belongs to the private schools, not the parents, according to a court media summary quoted by WOIO and the Statehouse News Bureau.
The judges were careful to say they were not ruling that every voucher program is unconstitutional, only EdChoice and its expansion as they exist now.
How big the program is
About 180,000 students use EdChoice since lawmakers opened it to nearly all families in 2023, the Statehouse News Bureau reported. WOIO reported $1.4 billion in scholarships were paid in the 2024-25 school year. WOIO noted the program dates to 2005 and was originally much narrower, aimed mainly at low-income families and students in struggling schools.
What happens next
Ohio Attorney General Andy Wilson said his office was disappointed but appreciated the stay. “Families should not worry, as there is no immediate impact from the ruling,” Wilson said in a statement reported by WOIO. The case is expected to go to the Ohio Supreme Court, where Republicans hold a 6-1 majority.
Public school groups behind the lawsuit, known as Vouchers Hurt Ohio, called the decision a win. School Choice Ohio President Yitz Frank told the Statehouse News Bureau his group “vehemently” disagrees and is confident the Supreme Court will side with it. Ohio House Speaker Matt Huffman (R-Lima) said courts have upheld school choice programs for decades.
The ruling also landed in the governor’s race. Democrat Amy Acton called for fully funding the state’s Fair School Funding Plan, while a spokesman for Republican Vivek Ramaswamy said the campaign is confident the Supreme Court will “protect the right of parents to choose,” according to the Statehouse News Bureau.
#Ohio #EdChoice #SchoolVouchers
Sources
- Ohio 10th District Court of Appeals: Columbus City School Dist. v. State, 2026-Ohio-4047 (decision, Oct. 15, 2026) – https://www.supremecourt.ohio.gov/rod/docs/pdf/10/2026/2026-Ohio-4047.pdf
- Statehouse News Bureau: Ohio’s K-12 voucher program is ruled unconstitutional by appeals court (Oct. 15, 2026) – https://www.statenews.org/government-politics/2026-10-15/ohios-k-12-voucher-program-is-ruled-unconstitutional-by-appeals-court
- WOIO Cleveland 19: Ohio EdChoice program ruled unconstitutional by Court of Appeals. What happens now? (Oct. 15, 2026) – https://www.cleveland19.com/2026/10/15/ohio-edchoice-program-ruled-unconstitutional-by-court-appeals/
- The Ohio Flyover: Friday, October 16, 2026 – https://theohioflyover.com/friday-october-16-2026/