Ohio Court Rules EdChoice School Vouchers Unconstitutional

An Ohio appeals court ruled on Oct. 15, 2026 that the state EdChoice school voucher program is unconstitutional. The decision came from Ohio's 10th District Court of Appeals. It was unanimous. The court upheld an earlier trial court ruling and found that the program violates the Ohio Constitution.

EdChoice, formally the Educational Choice Scholarship Program, uses public money to help students pay tuition at private schools. The appeals court said the program funds a separate school system, lacks oversight, and operates at the expense of public schools. The program stays in place for now while the case moves forward.

For families, students and school districts across Ohio, the ruling answers one question and leaves another open. The court has now said twice that the current program does not meet the state constitution. The final answer will likely come from the Ohio Supreme Court.

What the court decided

Judge David Leland wrote the decision. Judges Kristin Boggs and Shawn Dingus also sat on the panel. All three agreed with the trial court.

The judges focused on how EdChoice works in practice. Public dollars leave the public system and pay for private school tuition. The court said that structure creates a second system of schools alongside the public system. It also said the program lacks oversight and draws resources away from public schools that the state is required to support.

The ruling, as reported, pointed to the scale of the spending. The program spends over $1.4 billion in taxpayer dollars. The court treated that scale as part of the problem, not a side detail. A small pilot and a statewide program of this size raise different questions for a court.

Ohio's Attorney General is expected to appeal to the Ohio Supreme Court. Until that court rules, EdChoice remains in operation. Students using the scholarships do not lose them because of this decision alone.

Key numbers

• Decision date: Oct. 15, 2026
• Court: Ohio's 10th District Court of Appeals
• Vote: Unanimous, three judges
• Program spending: Over $1.4 billion in taxpayer dollars, per the ruling as reported
• First ruling: June 2025, by Franklin County Judge Jaiza Page

How the case began

The case started in Franklin County. In June 2025, Judge Jaiza Page first ruled the program unconstitutional. She stayed her own ruling during appeals, which meant the program continued while higher courts reviewed it.

Public school districts brought the suit. They argued that the program diverts funds from public schools. That argument sits at the center of the case. District leaders say every dollar sent to a private school through EdChoice is a dollar the public system cannot use for its own students, staff and buildings.

The appeals court agreed with the core of that case on Oct. 15, 2026. It upheld Judge Page's decision instead of reversing it. The stay and the expected further appeal explain why a program ruled unconstitutional at two levels still operates today.

What supporters and critics say

Supporters and critics read the same ruling in opposite ways. The dispute is about the role of public money, not only about one scholarship program.

Supporters back the program and say it gives families choice. The Catholic Conference of Ohio and School Choice Ohio are among the backers named in earlier coverage. For them, EdChoice lets parents pick a school that fits their child, even if that school is private.

Critics say choice for some families comes at a cost to public schools that serve all students. The Ohio Education Association praised the first ruling in June 2025. School districts in the suit made a similar point in court.

State Sen. Andrew Brenner called the Oct. 15 decision political. He said he expects the state Supreme Court to uphold the program. His response shows the political fight will run alongside the legal fight. Lawmakers who support EdChoice are unlikely to accept the appeals court ruling as the last word.

What happens next

The next step is an appeal to the Ohio Supreme Court. That court will have the final say under state law on whether EdChoice meets the Ohio Constitution.

Three things will matter in that appeal. First, the justices will review whether funding private tuition in this way creates a separate system. Second, they will look at oversight: what rules, reporting and controls apply to the money once it leaves the public system. Third, they will weigh the effect on public schools.

For now, families should watch for guidance from their schools and from the state, not assume an instant change. The program stays in place. No new ruling in this case has ordered it shut down, and the expected appeal will take time.

If the Ohio Supreme Court agrees with the lower courts, lawmakers would face a hard choice. They could try to rewrite the program to meet the constitution, fund public schools in a new way, or end EdChoice in its current form. If the high court reverses, the program would continue with a clear legal win behind it.

Either way, Oct. 15 marks a major step. Two Ohio courts have now ruled the same way. The question is no longer whether EdChoice faces a legal problem. The question is whether the state's highest court sees it the same way.