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Ohio Judge Rules EdChoice Voucher Program Unconstitutional, Kept Active During Appeals

Judge Jaiza Page issued a stay enabling the state’s $1 billion voucher program serving more than 143,000 students to continue operations as Ohio prepares an appeal to higher courts

FILE - Students and parents rally at the Ohio Statehouse in support of possible changes that would increase eligibility for taxpayer-funded school vouchers to K-12 students statewide, May 17, 2023, in Columbus, Ohio. (AP Photo/Samantha Hendrickson, File)

Overview

  • Judge Jaiza Page granted summary judgment on three of five claims and concluded the EdChoice program violates Ohio’s constitutional mandate to fund public schools.
  • The voucher initiative has allocated over $1 billion in state funds and served more than 143,000 students since income requirements were removed in 2023.
  • In her 47-page decision Page rejected the “school choice” argument by finding that private schools, not parents, make the ultimate funding decisions.
  • Attorney General Dave Yost said Ohio will appeal to the 10th District Court of Appeals with an eye toward the Ohio Supreme Court.
  • The Ohio Education Association hailed the ruling as a victory for public schools while private and faith-based education groups condemned the decision and promised to continue legal challenges.