COLUMBUS, Ohio — The future of Ohio’s primary school voucher system now rests with the 10th District Court of Appeals, as the Attorney General’s office moved Tuesday to overturn a ruling that previously labeled the program unconstitutional.
The legal showdown follows a landmark June 2025 trial court decision where a Franklin County judge sided with six urban school districts. Those districts argued that the EdChoice Scholarship Program—which provides private school tuition for K-12 students—undermines the state’s obligation to public education.
The Defense of Parental Choice
Leading the defense, Attorney General Dave Yost’s legal team argued that the program is not a drain on public resources but a “separate investment” in Ohio’s youth.
“Thousands of Ohio children are thriving today because their families could choose a school best suited for their educational needs,” Yost said in a statement. He urged the court to uphold established legal precedent that protects parental choice.
The state’s argument hinges on two primary points:
- Direct Choice: Funding is directed by parents, not the government, a principle the Ohio Supreme Court has upheld in the past.
- Budgetary Independence: The state maintained that voucher spending and public school budgets are not legally linked. Even if EdChoice were eliminated, the state argued, there is no guarantee that those funds would be redirected to public districts, as those decisions rest solely with the General Assembly.
A “Lifeline” for Families
While school districts view the vouchers as a threat to the “thorough and efficient” system of public schools required by the Ohio Constitution, intervenors for the state described the program as an equalizer.
Keith Neely, an attorney for the Institute for Justice, called the scholarships a “lifeline” for students whose needs are not met by traditional public schools. His sentiment was echoed by Rob Schuler, representing Catholic School Family Intervenors, who argued that eliminating the program would revert Ohio to an “unequal system” where quality education is determined by zip code or wealth.
What Happens Next?
The EdChoice program has remained operational despite the 2025 ruling, thanks to a stay issued by the trial court. This allows thousands of students to continue using their scholarships while the appellate judges deliberate.
If the 10th District Court of Appeals upholds the lower court’s decision, the case is widely expected to reach the Ohio Supreme Court for a final, definitive ruling on the constitutionality of private school vouchers in the state.
