Ohio school voucher scheme ruled unconstitutional but stays active during US court appeal

Time of India

22-07-2025

A gavel rests on a desk in an Ohio courtroom, symbolizing the legal challenge surrounding the EdChoice voucher program. (AI Image)
Ohio's EdChoice Scholarship Program will continue for the upcoming school year despite a recent court ruling that declared the program unconstitutional. A stay on the court's decision allows the program to remain in effect while the case undergoes an appeals process.
Ohio Attorney General Dave Yost issued a statement reaffirming that families can continue using EdChoice scholarships to enroll children in private schools. 'EdChoice is the law of the land for the coming school year,' Yost said, encouraging families to make school decisions accordingly, as quoted by WFMJ.
Judge rules EdChoice unconstitutional but allows it to continue temporarily
On June 24, 2025, Franklin County Judge Jaiza N.
Page ruled that the EdChoice program violated the state's constitution by diverting funds away from public schools. The program, established to provide scholarships for students from designated public schools to attend qualifying private schools, has faced legal challenges from a coalition of public education leaders.
The coalition, known as Vouchers Hurt Ohio, filed a lawsuit challenging the constitutionality of the program.
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According to WFMJ, the group argued that EdChoice uses taxpayer money to fund private education, draining resources from the public school system. Judge Page agreed, calling the funding structure unconstitutional. However, she issued a stay on the ruling, allowing the program to remain in operation while the case is appealed.
Legal appeal to proceed in Ohio's Tenth District Court
According to the Attorney General's Office, the state plans to file its appeal with the Ohio Tenth District Court of Appeals on July 23.
During a press conference, Yost was joined by Ohio House Speaker Matt Huffman, Representative Jamie Callendar, and several education advocates including Rabbi Eric "Yitz" Frank, president of School Choice Ohio; Aaron Baer, president of the Center for Christian Virtue; Tom Fisher, vice president and director of EdChoice Legal Advocates; and Monica Williams, a parent impacted by the program.
Yost emphasized that the ongoing litigation does not affect parents' current school options.
'Nothing that's happened legally limits their options,' he stated during the conference, as reported by WFMJ.
EdChoice program expansion and financial impact
The EdChoice program, funded through the state budget, has seen significant growth since its inception. According to WFMJ, the initiative began in 2008 as a $42 million program designed to help students in underperforming schools. In the past year, it has grown to more than $1 billion in taxpayer funding used to support students attending private institutions.
The Ohio Department of Development's website states that EdChoice scholarships provide $6,166 per student in grades K–8 and $8,408 per student in grades 9–12.
Program's future likely to be determined by Ohio Supreme Court
As reported by WFMJ, the case is expected to eventually reach the Ohio Supreme Court. Legal experts have indicated that the appellate process could take years to resolve. During that time, EdChoice will remain active, allowing families to continue applying for and receiving scholarships.
The continuation of the program amid legal scrutiny has prompted renewed national attention, as debates surrounding school choice, public funding, and education equity intensify across the US.
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