An Ohio judge has ruled that the state’s private school voucher program is unconstitutional.
Franklin County Common Pleas Judge Jaiza Page made the finding in a summary judgment, saying that by creating and expanding the EdChoice Scholarship program, lawmakers did not support “a thorough and efficient system” of schools throughout the Buckeye State.
“The Plaintiffs submit that the EdChoice program unconstitutionally creates a second system of uncommon, private schools in violation of Article VI Section 2 of the Ohio Constitution,” Statehouse News Bureau quoted Page as writing.
“Defendants argue that EdChoice is not unconstitutional because the State has always funded private schools,” the judge added. “Though this may be true, the State may not fund private schools at the expense of public schools or in a manner that undermines its obligation to public education.”
Page stayed the ruling while it is appealed.
“While we profoundly respect the judicial process, we vehemently disagree with the court’s interpretation of Ohio’s Constitution and believe the EdChoice program remains a constitutionally sound mechanism to empower families,” Statehouse News Bureau quoted School Choice Ohio President Eric “Yitz” Frank as saying.
“We are confident of prevailing on appeal and will continue to stand alongside Ohio families who rely on these important programs,” Frank added. “We do appreciate Judge Page staying the ruling, allowing EdChoice to continue uninterrupted during the appeals process.”
Lawmakers have allocated $1 billion for the program, and in 2022, they expanded it to eliminate income requirements, WCMH-TV reported.
The Ohio Education Association lauded the ruling but noted that the process is not yet over, as the ruling is being appealed first to the Tenth District Court of Appeals and then, presumably, to the Ohio Supreme Court.
“Although this legal victory is likely the first step in a much longer process through the appeals courts, the ruling Tuesday represents a huge victory for Ohio’s public school educators, school communities, and students who have seen critical resources diverted from our public schools for years to fund private school tuition payments for mostly-wealthy families whose children had never attended their local public schools in the first place,” Ohio Education Association President Scott DiMauro said in a statement.
“Especially now, as our state legislature continues to prioritize private school vouchers over fully and fairly funding our public schools as they finalize the details of the biennial state budget, Judge Page’s ruling makes it clear that Ohio’s voucher system is wrong and should not continue in our state,” DiMauro added. “The work does not stop here, but I am confident this initial ruling will ultimately stand up through the appeals process, and Ohio can once again dedicate its resources fully to funding our public schools and ensuring all Ohio students can get the world-class education they deserve – no exceptions.”
However, Brian Hickey, executive director for the Catholic Conference of Ohio, remains confident the program will prevail in the appeals process.
“Ensuring EdChoice scholarships for students is a matter of social justice, as it allows for equal opportunities for all of Ohio’s children,” Hickey said in a statement. “It is also sensible public policy, encouraging a more robust education system for families that ultimately benefits society and the common good.
“The Catholic Church will continue to advocate for and defend programs that support parents as the primary educators of their children and enable them to select a school that best suits their child’s needs,” Hickey added. “We are proud that Catholic schools in Ohio continue to flourish with ethnic and racial diversity while providing a rich spiritual and intellectual environment. Catholic schools, like other chartered nonpublic schools in Ohio, work closely with the Department of Education and Workforce to adhere to state chartering requirements, including operating standards, teacher licensing, state audits and approved testing.”
