Ohio’s EdChoice voucher program ruled unconstitutional. The decision could steer more money to Akron Public Schools, but case will be appealed
The first round of a lawsuit against Ohio’s EdChoice voucher funding program was won by a coalition of public schools, including Akron Public Schools.
The group successfully argued payments violate the state’s constitution because they take money away from constitutionally mandated public schools.
EdChoice is the primary mechanism for families to receive state dollars to pay for non-public school education (including religious schools) for their children. More than $970 million in state tax money funded non-public schools during the last fiscal year, according to data from the Ohio Department of Education and Workforce, including more than $677 million for two EdChoice programs.
For now, Tuesday’s ruling by Judge Jaiza Page of the Franklin County Court of Common Pleas is stayed, or temporarily suspended from enforcement pending the state’s appeal. In an article posted on the Catholic Diocese of Cleveland’s website, Frank O’Linn, diocesan superintendent of schools, said the case is in the early stages of a long legal journey.
If the coalition of Akron Public Schools and other Ohio districts ultimately wins the suit and voucher money returns to the districts’ coffers, APS will breathe a sigh of relief.
“What it means for Akron is that we have a fighting chance,” said APS Board Member Barbara Sykes.
The State of Ohio will challenge Page’s ruling in the Tenth District Court of Appeals.
“We are appealing this decision and are confident that we will win on the merits,” said Bethany McCorkle, a spokesperson for Ohio Attorney General Dave Yost, in a statement Wednesday. “The judge’s decision stayed the order, so parents don’t have to panic or worry about other options while the court process plays out.”
The lawsuit was filed more than two years ago by Vouchers Hurt Ohio, a group of public school districts that united to challenge the state’s voucher program.
Akron Public Schools joined the lawsuit last June, with its school board voting 5-1 to join the coalition. Board President Carla Jackson, an administrator at Emmanuel Christian Academy, a private Christian school in Akron, logged the lone dissenting vote. Board Member Summer Hall abstained.
How much did Akron Public Schools spend to join Ohio public school coalition?
Akron schools’ decision to join the suit has cost the district $2 per student — there are about 20,000 students attending 47 schools and community learning centers.
“We pay about $40,000 as a member of the coalition in order to have the resources that we need to take this to court,” said Sykes, who led last year’s push for APS to join the coalition.
Catholic schools have benefited from the EdChoice program. In a statement, the executive director for the Catholic Conference of Ohio, Brian Hickey, said, “We remain confident the EdChoice program will prevail in the appeals process.
“Ensuring EdChoice scholarships for students is a matter of social justice, as it allows for equal opportunities for all of Ohio’s children. It is also sensible public policy, encouraging a more robust education system for families that ultimately benefits society and the common good.”
How much tax money goes to vouchers in Ohio?
APS Treasurer Steve Thompson said the district loses about $28 million annually in state funding to vouchers, a number that grows each school year.
Sykes said the additional state funding would help the district avoid tough financial decisions, such as the move in May to lay off dozens of employees months after voters passed a levy.
“We know it’s going to be an appeal,” Sykes said, “but for the last 24 hours, we can at least smile and be happy that we got a ruling that the voucher program has been ruled unconstitutional.”
How do EdChoice vouchers work in Ohio?
In the initial EdChoice program, which launched in 2005, public school students were eligible for vouchers if they were assigned to low-performing schools. That changed in 2013 with the introduction of the separate expansion program, which prorated the amount families receive in vouchers based on income.
In Ohio, any family with a household income less than 450% of the federal poverty level qualifies for private school vouchers through the state’s EdChoice Expansion Program — school performance is no longer a factor for the second program. For a family of four, that would be an income of less than $144,675 per year.
The maximum amount families can receive, which lessens under EdChoice Expansion depending on household income, is $6,166 per student for K-8 students and $8,408 for grades 9-12. The application window for both EdChoice programs for the 2025-2026 school year is open through June 30, 2026, according to the state education department’s website.
Page noted in her ruling that a “significant portion” of the schools receiving EdChoice voucher money are religious schools that can reject applicants based on behavioral or academic problems, sexual preference, religious or moral beliefs or physical and emotional disabilities.
What did the judge say in the ruling?
In her 47-page ruling, Page wrote about the historic obligation that Ohio’s framers mandated in the state’s constitution. She traced the state’s commitment to funded public education back to 1787, before Ohio was an incorporated state, noting the commitment has been upheld in the constitution and subsequent court rulings.
The language written into the Ohio Constitution in 1850 is still in effect. The relevant section referenced in the ruling (Article VI, Section 2 of the Ohio Constitution), states: “The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state.”
“Taken together,” Page wrote, “the evidence presented by the Plaintiffs supports their assertion that, in expanding the EdChoice program to its current form, the General Assembly has created a system of uncommon private schools by directly providing private schools with over $700 million in funding.”
