Ohio to appeal court ruling against school choice program

Ohio will act swiftly to appeal a court decision declaring its school choice program unconstitutional, the Associated Press reports. The program will be allowed to continue during the appeal process.

State Attorney General Dave Yost, a Republican, said Wednesday he is confident the state will ultimately prevail. He also assured families the judge’s order allows the popular EdChoice program to remain in effect while the legal process continues, “so parents don’t have to panic or worry about other options while the court process plays out.”

The program, created 28 years ago, was recently expanded to allow universal access, removing caps on income and residency requirements.

A coalition of public school districts sued to block the program in 2022, claiming it created a separately funded system of private education and contributed to racial and economic segregation in public schools.

Franklin County Judge Jaiza Page, a Democrat, ruled that the program violates Ohio’s constitutional requirement to maintain an adequate public school system. However, she rejected claims the program violates the equal protection clause, according to the AP.

The judge also dismissed the state’s argument that parents – not the government – are making the funding decisions. Page wrote that private schools ultimately decide whether to accept students and state funds.

Troy McIntosh, executive director of the Ohio Christian Education Network (OCEN), criticized the decision as “poorly reasoned” and out of step with decades of state and federal school choice precedent.

“The fact is that this decision is not only an improper legal decision, but it could result in almost 100,000 Ohio students being tossed out of the school they have chosen to attend,” he said.

The state plans to appeal to the 10th District Court of Appeals in Columbus and could appeal to the Ohio Supreme Court if necessary.