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, Betsy DeVos, 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.
