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Another Court Declares Ohio School Choice Voucher Program Unconstitutional
The 3-0 panel said the program diverts more than $1 billion in taxpayer money to private schools with too little state oversight.
On Thursday, Oct. 15, 2026, the 10th District Court of Appeals unanimously ruled Ohio's EdChoice voucher program unconstitutional, citing violations of the state constitution; the court stayed enforcement, allowing the program to continue pending an expected appeal.
Judges ruled the program violates the constitutional mandate to provide a "thorough and efficient system of common schools throughout the state," siding with more than 300 public school districts that sued, alleging the vouchers fund a competing system lacking oversight.
The court wrote that EdChoice vouchers "receive taxpayer funding in a manner that operates at the expense and detriment of Ohio's public schools," with the program providing $1.4 billion in scholarships during 2024-25 while private schools retain admission discretion.
Ohio Attorney General Andy Wilson stated he will appeal the decision to the Republican-majority Ohio Supreme Court, emphasizing that "families should not worry, as there is no immediate impact from the ruling" as the program continues uninterrupted.
Vouchers Hurt Ohio called the ruling a victory for public schools, while Ohio House Speaker Matt Huffman "strongly condemns" the decision, stating the constitutionality of school choice programs has been affirmed by various tribunals over recent decades.