COLUMBUS, Ohio — An Ohio appeals court ruled Thursday that the state’s EdChoice scholarship program violates the state constitution, upholding a lower-court decision in the long-running voucher lawsuit — but the judges stayed their own ruling, so scholarships will keep flowing to Ohio families while the case moves to the Ohio Supreme Court.
The three-judge panel of the 10th District Court of Appeals ruled unanimously that EdChoice funds a competing system of private schools at the expense of the common schools the Ohio Constitution requires the state to maintain. Judge David Leland wrote the opinion, joined by Judges Kristin Boggs and Shawn Dingus.
School Choice Ohio, the Columbus-based nonprofit that advocates for the programs, said it was disappointed by the decision but grateful the stay keeps EdChoice and EdChoice Expansion scholarships uninterrupted during the appeal.
“While we are disappointed in today’s ruling, we are grateful that the court recognized the importance of preventing disruption for Ohio students and families by allowing the EdChoice and EdChoice Expansion programs to continue during the appeals process,” School Choice Ohio President Yitz Frank said in a statement.
The organization called the decision an unfortunate continuation of a politically divided debate over educational freedom and noted its concern that the ruling fell along partisan lines among the panel’s three Democratic judges.
“At the end of the day, this should not be about politics,” Frank said. “This is about students — their futures, their opportunities, and the ability for parents to choose the educational setting where their children can succeed.”
The ruling affirms Franklin County Common Pleas Judge Jaiza Page, who declared the program unconstitutional in June 2025.
The appeals court found that participating private schools operate with substantially less state oversight than public schools and may choose which students to accept, that the program is not equally accessible across the state because participating schools are concentrated in urban areas, and that vouchers draw money and students away from public districts.
The opinion cited more than $1.4 billion in taxpayer spending on the voucher system.
The lawsuit was brought by public school districts and families through the Vouchers Hurt Ohio coalition, which argued the state was failing its constitutional duty to support public education while directing growing sums to private schools that can turn students away.
Ohio Attorney General Andy Wilson said the state is disappointed by the ruling but appreciates the stay, and the state will appeal to the Ohio Supreme Court.
Gov. Mike DeWine, who championed EdChoice’s expansion, called the ruling legally wrong and said it was understood from the day the suit was filed that the Ohio Supreme Court would have the final word.
School Choice Ohio said it will continue advocating for educational freedom in Ohio and remains confident the scholarship programs will ultimately be upheld.
“These scholarship programs have changed the lives of countless students across Ohio,” the organization said. “We will continue fighting to ensure families maintain access to the opportunities they deserve.”
