A Franklin County judge ruled Ohio's EdChoice program unconstitutional, sources confirmed to News 5 on Tuesday.
EdChoice, also known as school choice, is a voucher program that helps K-12 students and their families cover the costs of attending private schools. Families have the option to choose from several types of schooling via open enrollment policies, according to the EdChoice website.
More than 100 schools and parents have sued the state over the EdChoice and EdChoice Expansion programs. Including Dan Heintz, the lead plaintiff.
Ninety percent of the children in Ohio attend public school, and advocates who filed the lawsuit argue that private schools are diverting funds from public education. In addition, they argue that the funding of private school vouchers creates an unequal system of education that violates the state's constitution.
"The current budget puts $2 million toward private school vouchers, which are completely out of the public domain. There is no accountability for that $2 million, there's no transparency for that $2 million, and the judge sent a very clear message that any interpretation of the Ohio Constitution forbids that," said Heintz.
Parma resident Kathy Miller was disappointed in the ruling because she uses the program to send her son to private school.
"I'm not against public schools; however, I do feel strongly that when you live in a district that doesn't have the strongest educational program for your children, there's absolutely nothing wrong with seeking outside of the local schools," said Miller.
Although the program was deemed unconstitutional, Attorney Keith Neely from the pro-voucher group Institute for Justice says he expects families to be able to continue using the vouchers until the case reaches the Ohio Supreme Court.
"I think opponents of EdChoice attack it with a bit of a misconception because they think that you can only have strong public schools or a private scholarship program like EdChoice, and that you can't have both. There's this belief that for vouchers to do well, it must mean public schools can't be doing as well," said Neely.
Neely says an appeal will be filed.
"We're going to go up through the 10th District Court of Appeals in Ohio and try our case again before a three-judge panel, make our arguments and try to convince them to reverse the trial court decision," said Neely.
Earlier this year, President Donald Trump and his Education Secretary, Linda McMahon, shifted their focus to funding priorities for the EdChoice program. Federal funding would be available to private schools, and grants would be offered to help families afford faith-based education.
A letter was sent to parents of Catholic school students in Lake County on Wednesday following the ruling.
According to the Lake County Catholic School Network President Barb Mancari, the bishop of the Diocese of Cleveland, along with other Ohioan bishops, have been working together with lawmakers to monitor the lawsuit.
Mancari said the scholarship programs will remain in place until the constitutionality is determined and the case goes to a court of appeals, then the Ohio Supreme Court. Therefore, full scholarships will be available for students in the 2025-2026 school year, and the program will continue uninterrupted.
The Catholic Conference of Ohio stated, "Despite an initial ruling by a Franklin County judge, the Catholic school community in Ohio remains confident that the EdChoice program will prevail in the appeals process. Catholic school parents are being informed that the EdChoice program remains in place as the case proceeds through the appeals process."
Executive director of the conference, Broan Hickey, also released a statement expressing their confidence in the program.
“We remain confident the EdChoice 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. It is also sensible public policy, encouraging a more robust education system for families that ultimately benefits society and the common good," said Hickey. "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. 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.”
Mancari also told parents that there is "nothing to be concerned about at this time."
