(The Center Square) – Ohio’s universal school choice plan took another hit in the courts Thursday.
The 10th District Court of Appeals upheld a lower court ruling that the state's EdChoice and EdChoice Expansion voucher programs are unconstitutional.
Again, the court stayed the opinion, allowing the programs to continue while Attorney General Andy Wilson appeals to the Republican-majority Ohio Supreme Court.
Wilson said families using the state vouchers should see no immediate impact from the ruling.
Senate Democrats applauded the ruling, saying vouchers harm public schools.
“We are pleased to see that not one, but two courts have now found that EdChoice vouchers undermine the state’s constitutional responsibility to maintain a strong system of public schools,” Senate Democratic Leader Nickie Antonio, D-Lakewood, said in a statement. “The Republican supermajority has continually expanded vouchers to private and religious schools that are allowed to remain unaccountable without the same transparency required of our public schools. This comes at the expense of our public schools, which are rigorously regulated and mandated to educate every student regardless of their income, ability or background.”
The 10th District Court, which ruled 3-0, said the voucher program violates the state constitution by failing to provide a “thorough and efficient system of schools,” and that the constitution bans religious organizations from controlling public school funds.
It also said vouchers create an underfunded, competing system of private schools with less state oversight. It also rejected the state’s contention vouchers support parents rather than schools, saying private schools still have the power to reject students.
All eight members of the 10th District Court of Appeals are Democrats.
Wilson said the Republican-majority Legislature should be able to use taxpayer dollars to provide public and private school choice for parents.
“I believe that parents should have the option to send their kids to the school of their choice,” Wilson said. "If the legislature wants to help parents fund that choice, then that is within the authority of the General Assembly to do so."
He also said spending more than $1 billion in taxpayer funds on the voucher program does not harm public schools.
“The current system does not hurt our public schools,” Wilson said. "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."
A Franklin County judge in 2025 ruled in favor of public schools that challenged the voucher program for private school tuition.
Franklin County Common Pleas Judge Jaiza Page, in a 42-page ruling, said the state could not fund private schools at the expense of public schools.
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