CINCINNATI — An Ohio appeals court ruling that found the state’s EdChoice voucher program unconstitutional is adding new fuel to an already heated debate over school funding, as Cincinnati Public Schools faces its own financial challenges.
The Tenth District Court of Appeals ruled Thursday that Ohio’s universal voucher program violates the state constitution. The court found the program helps fund a separate system of private schools while drawing taxpayer dollars and students away from public schools. The court stayed its ruling, meaning EdChoice can continue while the legal case moves forward.
WATCH: CPS and School choice advocates react
For Cincinnati Public Schools Board of Education President Brandon Craig, the decision puts the debate over how Ohio funds public and private education back in the spotlight.
“We’ve known that to be the case the whole time,” Craig said.
Craig said he believes the expansion of vouchers has diverted resources that could otherwise be invested in public school districts such as CPS.
“Parents always have a choice,” Craig said. “That doesn't mean that the taxpayers have to pay for your choice, and that doesn't mean that we should send money out without really holding them accountable for that.”
CPS points to financial pressure
The ruling comes as financial concerns have become an increasingly prominent topic for CPS parents and district leaders.
Craig said public districts serve students with a range of needs, including students with disabilities and students from economically disadvantaged families. He said additional state resources could help districts provide services ranging from classroom assistance and special education support to social workers.
“We're doing the right steps even without the funding,” Craig said. “But if we had the funding, what more could we be doing? How much further could we be going if we were properly funded?”
Craig also argued that public schools face accountability requirements that private schools receiving voucher dollars do not face in the same way.
“We're not holding the private schools accountable for the results that they produce in those students,” Craig said.
He also pushed back against the argument that public schools simply need to improve if they want to keep families from leaving.
“We’re doing better,” Craig said. “Our rating is up. You see it. We’re seeing stars right now. We’re at three stars.”
The appeals court similarly found that EdChoice is drawing taxpayer dollars from public schools and “cherry-picking” students, creating financial hardship and making it more difficult for public districts to secure funding through local levies.
The EdChoice program now includes roughly 180,000 students after Ohio expanded it in 2023. Before that expansion, vouchers were restricted to students in certain low-income areas or students who met other eligibility requirements.
School choice advocates warn about impact on families
School Choice Ohio President Yitz Frank sees the issue differently.
“Unfortunately, we were expecting this ruling,” Frank said.
Frank argues the Ohio Constitution's requirement that the state establish and fund public education does not prevent lawmakers from also providing families with additional educational options.
He said families choose private schools for a range of reasons.
“Some of them might be they think that they'll get a better academic education in a private school compared to their own locally assigned public school,” Frank said. “Sometimes there's a bullying issue. Sometimes it's a religious issue.”
Frank also rejected the argument that vouchers simply take money from public districts. He said that when a student leaves a district, the funding that follows the student doesn't go back to that district, similar to what happens when a student moves.
He argues public districts should instead make their case directly to families.
“There are some really excellent public schools and private schools, by the way, that don't do a good job for every single student,” Frank said. “No child is the same. Everyone's unique.”
For Frank, however, the biggest issue is what could eventually happen to the students already receiving scholarships.
“We're watching adults fight it out in court over money,” Frank said. “The end loser here, if this ruling stands, is 180,000 students and all of their families. That's a lot of Ohioans.”
Nothing changes for voucher families yet
Despite Thursday's ruling, families participating in EdChoice aren't immediately losing their scholarships.
The appeals court stayed its ruling as the legal battle continues, allowing the voucher program to remain in place. The Ohio Attorney General is expected to appeal the decision to the Ohio Supreme Court.
Frank emphasized that point for parents who might be worried about what happens next.
“If you're a parent with a child in a private school that's using a scholarship to attend, nothing changes for you, and nothing's going to change until the Supreme Court rules,” Frank said.
That leaves two competing visions of Ohio education funding headed toward the next phase of the court fight.
Craig argues Ohio should direct more resources toward the public school system the state constitution requires it to maintain.
Frank argues families should continue to have access to state-funded scholarships that allow them to choose education outside their local public school district.
For CPS, Craig said the larger fight goes beyond vouchers and comes back to how Ohio pays for public education.
“The thing I'm most excited about, though, with this decision, is that it puts front and center why these things that we are doing, why the more than 40 districts are putting up levies this year, why that is so crucial and why it's happening,” Craig said. “It's because the state's underfunding.”
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