Ohio’s School Choice Program Moves Through the Courts
Ohio’s 10th District Court of Appeals heard arguments on the EdChoice voucher program, with Attorney General Dave Yost defending its constitutionality against challenges from school districts and teachers’ unions. The case, initially ruled unconstitutional by Common Pleas Court Judge Jaiza Page, may reach the conservative-leaning Ohio Supreme Court, where supporters argue parental choice and separate funding justify the program’s legality.
Ohio’s EdChoice voucher program faced a critical legal hearing this week before the 10th District Court of Appeals, which will decide whether to uphold a lower court ruling declaring the program unconstitutional. The case was appealed by Ohio Attorney General Dave Yost, who has defended the program, with the final decision expected to go to the Ohio Supreme Court. The lawsuit was filed by school districts and teachers’ unions, who argue the program diverts taxpayer funds from public education. Troy McIntosh, executive director of Ohio Christian Education Network, criticized opponents for prioritizing union interests over student welfare, noting that parents increasingly opt for alternative schools through EdChoice due to perceived failures in public education. Ohio’s EdChoice program was expanded in 2023 under Republican Gov. Mike DeWine, with the state ranked 14th nationally for education choice by The Heritage Foundation for the 2024-2025 period. Supporters argue removing EdChoice funding would not necessarily benefit public schools, as budget decisions rest with the General Assembly and funds could be redirected elsewhere, such as Medicaid, which faces fraud concerns. Deputy Solicitor General Stephen Carney argued there is no direct link between EdChoice funding and public school budgets, emphasizing that funds could be reallocated based on legislative priorities. Yost’s office also noted that the program’s funding is driven by parental choice, a principle previously upheld by the Ohio Supreme Court, and that it operates separately from the state’s obligation to fund public education. The three judges hearing the case are Democrats and are expected to align with Judge Page’s ruling, but the conservative Ohio Supreme Court may ultimately decide the program’s fate. Yost has expressed confidence in the program’s survival, predicting that school districts will lose the legal battle. The EdChoice program remains operational during the ongoing litigation, with the Ohio Department of Education declining to comment on pending legal proceedings.
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