Ohio's 10th District Court of Appeals rules that the state's EdChoice private school voucher program violates the Ohio Constitution by using taxpayer funds to support a competing system of private schools. The judges emphasize that participating private schools hold broad discretion over admissions, leaving choices to institutions rather than families. The ruling stems from a 2022 lawsuit by public school districts and will remain paused pending appeal, while Republican House Speaker Matt Huffman defends the program's legality.
Details and scope of the appellate decision
- ▪The October 15, 2026 appellate court decision will not immediately halt the EdChoice program, which remains operational while an appeal is anticipated.
- ▪Ohio's 10th District Court of Appeals affirmed a June 2025 lower court ruling by Franklin County Common Pleas Judge Jaiza Page finding EdChoice violates the constitutional mandate for a thorough and efficient common school system.
- ▪A three-judge panel of Ohio's 10th District Court of Appeals ruled on October 15, 2026, that the state's EdChoice private school voucher program violates the Ohio Constitution.
- ▪Judge David Leland wrote in the unanimous opinion that the 10th District Court of Appeals was not ruling all school vouchers unconstitutional, but specifically EdChoice as presently structured, funded, and challenged.
Court findings on harm to public education
- ▪Ohio's 10th District Court of Appeals determined that the EdChoice voucher program reduces voter willingness to approve local public school levies.
- ▪Judge David Leland noted that EdChoice uses taxpayer funds to secure a competing system of uncommon schools that operates without the obligations imposed on Ohio's common public schools.
- ▪The appellate panel concluded that EdChoice creates a downward spiral of reduced public school enrollment, diminished revenue, and heightened fiscal pressure.
- ▪The 10th District Court of Appeals ruled that EdChoice harms public education by allowing private schools to cherry-pick students and by concentrating participating private schools in urban areas.
Background of the legal challenge
- ▪Franklin County Common Pleas Judge Jaiza Page previously rejected the plaintiffs' claim that EdChoice violates the constitutional equal protection clause.
- ▪Plaintiffs in the 2022 lawsuit argued that Ohio's nearly 30-year-old EdChoice program established an unconstitutional system of separately funded private schools and spurred resegregation because mostly nonminority students utilize vouchers.
- ▪The ruling stems from a 2022 lawsuit brought by hundreds of public school districts known as Vouchers Hurt Ohio, alongside parents, students, and the Ohio Coalition for Equity & Adequacy of School Funding.
Response from House Speaker Matt Huffman
- ▪Republican Ohio House Speaker Matt Huffman asserted that a ruling by one of Ohio's 12 appellate courts will not alter the established constitutionality of school choice programs.
- ▪Republican Ohio House Speaker Matt Huffman stated on October 15, 2026, that the appellate court decision is out of step with legal precedent set by the U.S. Supreme Court and Ohio Supreme Court.
Universal voucher expansion
- ▪Republican Ohio House Speaker Matt Huffman championed the 2023 legislative effort to expand EdChoice into a universal voucher program.
- ▪Ohio expanded EdChoice in 2023 into a universal voucher program, making it one of the largest school choice programs in the United States.
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