(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost’s office today led the state’s defense of the EdChoice Scholarship Program during oral arguments before the 10th District Court of Appeals.
“Thousands of Ohio children are thriving today because their families could choose a school best suited for their educational needs,” Yost said. “We’re asking the court to protect parental choice in education by upholding established legal precedent and allowing the program to continue.”
The state’s appeal seeks to overturn a June 2025 trial court decision declaring EdChoice unconstitutional. In that ruling, a Franklin County judge sided with a half-dozen urban school districts and several parents who challenged the legality of the program, which supplies vouchers enabling qualifying K-12 students to attend private schools.
The trial court stayed the decision, permitting the program to continue uninterrupted during the appeals process.
During oral arguments, Yost’s legal team maintained that EdChoice is constitutional because funding is directed by parental choice, a principle already upheld by the Ohio Supreme Court. The state emphasized that the program is a separate investment that does not interfere with the state’s duty to fund a “thorough and efficient” system of public schools.
The state further argued that voucher spending and public school budgets are not legally linked. Ending the scholarship program, the state says, would not automatically guarantee additional funding for public school districts because those budget decisions rest entirely with the General Assembly.
Statements from our partners:
Keith Neely, attorney for the Institute for Justice
“We at the Institute for Justice were proud to help defend Ohio’s Cleveland Scholarship Program 30 years ago, and we’re proud to help defend Ohio’s EdChoice Program today. Innovative scholarship programs like EdChoice provide a lifeline for students and families like our clients, whose educational needs aren’t being served by traditional public schools. They are plainly constitutional, and we look forward to the day when Ohio’s courts put the issue to rest once and for all.”
Rob Schuler, attorney for the Catholic School Family Intervenors
“EdChoice gives all students a chance – the chance to receive an education not based on wealth or zip code. These scholarships have allowed our families to choose Catholic schools as the best educational option for our children during the most important years of their lives. Education exists to expand opportunities for children to have a bright future, yet robbing families of EdChoice scholarships only hinders already disadvantaged students. Eliminating EdChoice scholarships would take Ohio back to an unequal system, where the place you live limits your ability to receive a high-quality education. The courts should say yes to opportunities for all, rather than just for those of financial means.”
MEDIA CONTACT:
Steve Irwin: 614-728-5417
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