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Ohio Appeals Court Rules EdChoice Vouchers Unconstitutional but Stays Decision
Read the full articleThe Tenth District Court of Appeals ruled Ohio's EdChoice program is unconstitutional, but stayed enforcement of its ruling pending appeal to the Ohio Supreme Court. There are currently about 180,000 students in the program.
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Ohio appeals court rules state’s EdChoice school voucher program unconstitutional
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An Ohio appeals court unanimously ruled Thursday that the state’s EdChoice private-school voucher program violates the Ohio Constitution.
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The 10th District Court of Appeals in Columbus filed its unanimous decision saying the Ohio EdChoice program that gives scholarships to students to attend private schools is unconstitutional.
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The 10th District Court of Appeals in Columbus today, filed its unanimous decision saying the Ohio EdChoice program that gives scholarships to students to attend private schools is unconstitutional.
However, the three-judge appellate panel immediately stayed enforcement of its judgment, ensuring the voucher system will not shut down right away while the case proceeds to the Ohio Supreme Court.
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The three judge panel did stay enforcement of its ruling, meaning EdChoice will not shutdown immediately, because the State of Ohio is expected to appeal to the Ohio Supreme Court.
According to Judge David J Leland, the program violates the constitution in two ways.
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According to Judge David J Leland, the program violates the constitution in two ways. First by: funding a separate school system, in violation of the Constitution’s mandate for a singular public education system;lacking meaningful state oversight;being unavailable to rural Ohioans who are nonetheless footing the bill and allows for discriminatory admission policies
The EdChoice program was originally established in 2005, and was first called the Cleveland Pilot Program as a way for Cleveland Metropolitan School parents to get students out of failing schools an into private schools.
Since then, the program has been expanded several times by the Legislature to include just about every family and saw $1.4 billion in taxpayer dollars given in scholarships in 2024-25.
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However, the three-judge appellate panel immediately stayed enforcement of its judgment, ensuring the voucher system will not shut down right away while the case proceeds to the Ohio Supreme Court.
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Today’s ruling puts a stay on the program, allowing it to continue as the lawsuit goes on to the Ohio Supreme Court.
There are currently about 180,000 students in Ohio’s EdChoice program since it was expanded in 2023.
Leland said “EdChoice” is misleading because the choice lies with the private schools, not the parents.
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Writing for the three-member panel of the Tenth District Court of Appeals, Judge David J. Leland said “EdChoice” is misleading because the choice lies with the private schools, not the parents.
Leland wrote it violates the Ohio Constitution by funding a separate school system instead of the constitutional mandate for a singular public education system.
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Leland wrote it violates the Ohio Constitution by funding a separate school system instead of the constitutional mandate for a singular public education system, that it lacks state oversight, and that it is unavailable to many rural Ohioans who are footing the bill for it.
Judge Leland determined that the competing private school network draws public tax dollars away from public schools while cherry-picking students, inflicting financial hardship and hurting the ability of public school districts to secure funding through local levies.
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Leland wrote it is drawing taxpayer dollars away from public schools and is “cherry-picking” students away from public schools, causing financial hardship while hurting the public schools’ ability to secure funding through local levies.
The program gives parents state dollars to use to send their children to private schools and was ruled unconstitutional by a Franklin County Common Pleas Court judge in 2022, but was allowed to continue during the appeal.
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The program gives parents state dollars to use to send their children to private schools and was ruled unconstitutional by a Franklin County Common Pleas Court judge in 2022. But it was allowed to continue during the appeal.
Mark Wallach with Vouchers Hurt Ohio argues the lawsuit over the EdChoice voucher program before the Tenth District Court of Appeals on May 12, 2026.
Phillis, speaking on behalf of Vouchers Hurt Ohio and the Coalition for Equity & Adequacy of School Funding, said, “This is a $1 billion boondoggle for mostly religious schools, which decide who they let in and who they shut out”.
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“This is a $1 billion boondoggle for mostly religious schools, which decide who they let in and who they shut out, " said William L. Phillis, speaking on behalf of Vouchers Hurt Ohio and the Coalition for Equity & Adequacy of School Funding.
Phillis added, “It’s a refund and rebate program for mostly wealthy families whose children were already enrolled in private schools.
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William L. Phillis, speaking on behalf of Vouchers Hurt Ohio and the Coalition for Equity & Adequacy of School Funding. "It’s a refund and rebate program for mostly wealthy families whose children were already enrolled in private schools. Local taxpayers are left holding the $2 billion bill.
Former Ohio Supreme Court Chief Justice Eric Brown, who chairs the Vouchers Hurt Ohio Steering Committee, said lawmakers should be using tax dollars to fund a single system of common schools open to all children, calling EdChoice a separate and unequal system of schools and praising the decision as a victory for public schools.
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Former Ohio Supreme Court Chief Justice Eric Brown, who chairs the Vouchers Hurt Ohio Steering Committee, said the Ohio Constitution is clear. "Lawmakers should be using tax dollars to fund a single system of common schools open to all children," Brown said. "EdChoice vouchers create a separate, and unequal system of schools - one for the haves and one for the have nots. Today's decision is a victory for public schools and all the children in this state."
The president of School Choice Ohio, Yitz Frank, said the organization vehemently disagrees with the ruling and is very confident the Ohio Supreme Court will agree with voucher supporters, warning that allowing the ruling to stand would have a devastating effect on 180,000 participating students.
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The President of School Choice Ohio, Yitz Frank, was disappointed with the ruling. “We vehemently disagree with the ruling and we're very confident that when we appeal it to the Ohio Supreme Court they'll agree with us,” Frank said. He said if the court allows this ruling to stand, “it'll have a devastating effect on 180,000 students that currently participate in Ohio scholarship programs, and I don't think that's acceptable.”
The Ohio Attorney General is expected to appeal the ruling.
Appeals court concludes that EdChoice vouchers violate Ohio Constitution
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A stay is in place to keep the program going as the case heads to the Ohio Supreme Court.