COLUMBUS — Ohio’s EdChoice private-school voucher program is unconstitutional, a Columbus-based appeals court ruled Thursday, Oct. 15, upholding an earlier Franklin County decision — though families using the scholarships will see no immediate change.
The 10th District Court of Appeals ruled unanimously that the program, as it is currently structured and funded, violates the Ohio Constitution. In the court’s view, EdChoice uses taxpayer money to support a separate, competing system of schools that is not held to the same obligations as Ohio’s public common schools, and does so at the expense of the public system and the children who depend on it.
The ruling does not end the program today. Enforcement was suspended while the state appeals, and the Ohio Attorney General is expected to take the case to the Ohio Supreme Court, which will have the final word on whether the voucher system survives.
The lawsuit was brought by several hundred school districts and schools, arguing that EdChoice diverts public money and underfunds public education. Some of Central Ohio’s largest districts are part of the case, including Columbus City Schools, Westerville City Schools and Worthington City Schools — making Thursday’s ruling a direct development for families and school boards across the Columbus area.
EdChoice has grown far beyond its original design. It began as a smaller program aimed at lower-income families in struggling districts, but a 2023 expansion by state lawmakers made vouchers nearly universal, opening them to students from high-performing public schools and higher-income households as well.
State education data show more than 140,000 students used EdChoice in 2025. The scholarships provide up to $6,166 for students in kindergarten through eighth grade and up to $8,408 for high school students, on a sliding scale tied to household income, and total program spending now tops $1 billion a year.
Reaction in Columbus split quickly along familiar lines. Vouchers Hurt Ohio, the coalition behind the lawsuit, called the decision a victory for public schools, children, parents and taxpayers, arguing tax dollars should fund one system of schools open to all. School Choice Ohio, which supports the program, called the ruling disappointing and said educational choice is a personal decision for families, not a political one.
State Sen. Andrew Brenner, a Delaware County Republican, said he expected the outcome, criticized the ruling’s timing ahead of the Nov. 3 election, and predicted the Ohio Supreme Court would ultimately uphold the program. For now, Central Ohio districts say they will keep watching the appeal — and keep budgeting as if vouchers, and the court fight over them, are both here for a while longer.
