On Tuesday, Judge Jaiza Page of the Franklin County Court of Common Pleas ruled that Ohio’s EdChoice voucher program violates the state constitution. However, Judge Page acknowledged that the decision would likely be appealed and has allowed the program to continue operating until a final verdict is rendered by a higher court.
Article VI, Section 2 of the Ohio Constitution requires the General Assembly to “secure a thorough and efficient system of common schools throughout the state.” It further prohibits any religious or other sect from having an “exclusive right to, or control of, any part of the school funds of this state.”
Judge Page ruled that the EdChoice voucher program differed in several ways from earlier voucher programs that the Supreme Court of Ohio has upheld as constitutional. First, unlike prior programs where funds were given to parents, the EdChoice voucher program sends money directly from the state to private schools. Second, Judge Page noted that participating private schools are not subject to the same anti-discrimination laws as public schools. The judge said this gives private schools authority over student admissions and allows the “school choice” to be made by them rather than as the result of the independent decisions of parents and students. Finally, the scale of the current EdChoice voucher program far exceeds earlier voucher programs, both in terms of dollars spent and the number of participating private schools.
Judge Page agreed with the plaintiffs that the state’s failure to adequately fund the Fair School Funding Plan, while simultaneously spending large sums on the EdChoice voucher program, has resulted in a system of common schools that is not “thorough and efficient.”
Judge Page also agreed with the plaintiffs that the expansion of the EdChoice program violated the Ohio Constitution by giving religious schools control over state money. The opinion noted that many of the participating private religious schools receive checks directly from the Ohio Department of Education and Workforce (ODEW), can deposit them without parental endorsement, and face no statutory restrictions on using the money for religious materials or instruction, or for personal gain.
In recognition of the impact of her decision on school funding in Ohio and the certainty of appeal, Judge Page stayed her ruling, which will allow the EdChoice voucher program to continue operating for the time being. It is anticipated that the matter will be appealed to the Tenth District Court of Appeals and then the Supreme Court.
OSBA will continue to monitor the case and provide updates as they are available. If you have questions about the decision in the meantime, please reach out to OSBA’s division of legal services.