Ohio judge rules state’s school choice program unconstitutional

An Ohio judge ruled June 25 that the state’s EdChoice scholarship program was unconstitutional, marking a significant development in a legal battle over the future of school choice in the state.

Franklin County Judge Jaiza Page issued the decision in response to a lawsuit brought by a coalition of public school districts and advocacy groups, NBC reported. The plaintiffs argued that the EdChoice program violates the Ohio Constitution’s mandate to provide a “thorough and efficient system” of public education. 

Page agreed, asserting that the state improperly used public funds to support a separate system of private and religious schools with limited government oversight.

Despite the ruling, Page stayed her decision, allowing EdChoice to continue during the appeals process. The Ohio Attorney General’s office confirmed the state would appeal, ensuring no immediate disruption for families currently using the program.

EdChoice was originally created to give low-income families in underperforming school districts access to private education options. In 2022, the program was expanded to include all students, regardless of income, offering up to $6,166 per year for K–8 and $8,408 for high school students.

Supporters argue the program empowers all families to select the educational environment that best suits their children and that expanding eligibility to higher-income households does not diminish access for lower-income students.

“We are confident of prevailing on appeal and will continue to stand alongside Ohio families who rely on these important programs,” Eric Frank, president of School Choice Ohio said.

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In her ruling, Page also cited concerns about the lack of state oversight regarding potential discrimination in participating private schools. 

“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.

However, advocates contend that EdChoice empowers families — especially those previously without access — to make educational decisions that align with their values and needs. 

Frank believes the courts will ultimately uphold the constitutionality of EdChoice. 

“That being said,” he added, “if it were to be [ruled] unconstitutional, the effect would be that there would probably be 100,000 kids that would have to leave the school of their choice right now and go elsewhere.”

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