An Ohio appeals court ruled on October 15 that the state's EdChoice voucher program, which directs $776 million in taxpayer funds to private schools, is unconstitutional. The Tenth District Court of Appeals upheld a June 2025 decision that the program creates a separate private school system at the expense of public education. The ruling is currently on hold as the state appeals to the Ohio Supreme Court, and the program continues uninterrupted for now, according to Ohio Attorney General Andy Wilson, per fortune.com.
The EdChoice program was established in 2005 and launched in 2006 to help children in chronically underperforming public schools attend private schools through state-funded tuition assistance. In 2013, the program expanded eligibility to low-income kindergarten students regardless of public school performance, gradually extending to higher grades. In 2023, lawmakers removed income limits entirely, making the program available to all families regardless of income. The court found that despite public funding, private schools still select which students to accept, creating a contradiction at the heart of the ruling, according to fortune.com.
This ruling challenges the use of public funds for private education in Ohio, raising questions about equity and public school funding. The EdChoice program’s expansion to universal vouchers has been controversial, with critics arguing it diverts resources from public schools. The $776 million in vouchers represents a significant allocation of state education funds, and the court’s decision could influence similar voucher programs nationwide. The case highlights ongoing debates over school choice policies and the balance between public and private education funding, as detailed by fortune.com.
Ohio Attorney General Andy Wilson confirmed the EdChoice program will continue while the state seeks review by the Ohio Supreme Court. The next legal steps will determine whether the $776 million voucher program remains in place or undergoes significant changes, according to fortune.com.