Appeals Court Rules Against Ohio EdChoice Program, Parents Will Appeal to Ohio Supreme Court

COLUMBUS, Ohio—Today, the Ohio Court of Appeals ruled that the state’s Educational Choice Scholarship program is unconstitutional. Five families who use the program, represented by the Partnership for Educational Choice—a joint venture of the Institute for Justice (IJ) and EdChoice Legal Advocates—will appeal the decision to the Ohio Supreme Court.  

“We’re obviously disappointed with today’s decision,” said IJ Attorney Keith Neely. “Ohio’s Educational Choice Scholarship program is clearly constitutional and we will appeal this decision to protect our clients’ rights and the rights of all Ohioans to choose the education that best fits their children’s needs.”   

The Educational Choice Scholarship Program, also known as the EdChoice Program, was created in 2005 and awards scholarships to K-12 students assigned to lower-performing public schools. In this “Traditional Program,” students receive scholarships valued at up to $6,166 at the K-8 level and up to $8,408 at the high school level. In addition, if the child’s family is at or below 200 percent of the federal poverty level, participating schools must accept the scholarship amount as payment in full for tuition.  

In 2013, Ohio lawmakers created a second part of this program, called the “Expansion Program,” which provides scholarships to K-12 students. The maximum scholarship values for this program are identical to those of the Traditional Program, but scale based on a family’s income. More than 100,000 Ohio families receive scholarships through either the Traditional Program or the Expansion Program.  

In 2022, a group of public schools filed a lawsuit challenging the constitutionality of the program.  

Two of the families defending the program—the Boggs family and the Ellis family—enroll their children in the Traditional Program and have seen them make great strides academically. The same goes for the Omelsky family and the Highley family, who have enrolled their children in the Expansion Program.  

“This program has been a gamechanger for my children, giving them the opportunity to thrive in schools that meet their specific needs,” said Brian Ellis. “I certainly hope the supreme court will overturn today’s ruling, or families like mine will lose the ability to afford a good education.” 

Despite ruling against the program, the court did keep a stay in place, which allows parents to continue using the program while the litigation is pending.  

“The Ohio Supreme Court long ago upheld private school choice under the Ohio Constitution, and we are confident it will do so again,” said EdChoice Executive Vice President and Director of Litigation Thomas Fisher. “Today will prove to be the high-water mark for those who use the courts to thwart education freedom for parents and students in Ohio.” 

EdChoice Legal Advocates is not affiliated with the EdChoice Program.