Franklin County Judge Rules EdChoice Unconstitutional

BY JEFF SKINNER

STATEWIDE - A Franklin County Judge has ruled that the state's EdChoice program, a private school voucher program, currently utilized by low income students, is unconstitutional. The ruling comes after a two-year legal battle with Vouchers Hurt Ohio, a consortium of around 200 public schools in the state.

The ruling, made by judge Jaiza Page, comes after a lengthy court battle in which local school districts sought to overturn the state of Ohio program that helps K-12 students and their families cover the costs of attending private schools. Through EdChoice, families have the option to choose from several types of schooling via open enrollment policies, potentially offering a better education through participating private schools.

According to Democrat Judge Page's ruling, the state took money from public schools to fund the voucher program, unfairly creating a second system of “uncommon private schools,” directly funded by the state. According to the ruling, the state has allocated more than $1 billion to fund the EdChoice program, particularly after the state removed the income requirement for participation.

“EdChoice involves direct payments to private religious schools, no state oversight to prevent racial, religious, or other discrimination, and the involvement of exponentially more private religious schools and funds,” Page wrote in the ruling.

The state expanded the program in 2022 to remove the low income requirements for participants so that all students, regardless of financial ability, to attend private schools through the voucher program. The state also offers a minimum scholarship form where students can accept a partial scholarship without having to verify their income. While many support the programs expansion, the public school systems, perhaps unofficially, have decried the move as impacting their bottom line. A copy of the original complaint can be found here

Despite the ruling, Page acknowledged the case is likely to proceed to appeal and the program is authorized to continue in the meantime. School Choice Ohio President Eric Frank has said the organization disagrees with Page’s interpretation of the Ohio Constitution.

“We are confident of prevailing on appeal and will continue to stand alongside Ohio families who rely on these important programs,” Frank said. “We do appreciate Judge Page staying the ruling, allowing EdChoice to continue uninterrupted during the appeals process.”

A copy of the full ruling can be found below.