Ohio Private School Voucher Lawsuit Returns to Appeals Court Today
More than 300 Ohio public school districts challenge the state’s private school voucher program in appellate court arguments today, claiming it violates the constitution.
COLUMBUS, OHIO — Attorneys representing more than 300 public school districts will present arguments today before the 10th District Court of Appeals in a legal battle challenging Ohio’s private school voucher program.
The lawsuit, active since 2022, seeks to force the state legislature to eliminate funding for the private school voucher program. Public school advocates argue the program violates the Ohio Constitution’s requirement that the state fund a single system of public schools.
Constitutional Challenge at Heart of Case
The legal challenge centers on the Ohio Constitution’s provision requiring the state to fund one system of public schools. Attorneys for the public school districts argue that the private voucher program represents an unconstitutional funding of a second education system.
The lawsuit also contends that the program violated the equal protection clause in the state constitution. Public school advocates have expressed concerns that program funding has exceeded that of public schools.
School districts including Cleveland Heights-University Heights, Columbus, Richmond Heights, Lima, and Barberton joined the lawsuit alongside individual parents and advocates.
Lower Court Ruling Deemed Program Unconstitutional
The case initially proceeded through Franklin County Court of Common Pleas, where Judge Jaiza Page issued a ruling in June 2025. Page determined that while the legislature has “exceedingly broad powers” in its authority over the state’s education system, this power does not come with “unlimited discretion.”
Judge Page rejected arguments from voucher program supporters who characterized it as a scholarship program rather than a school “system.” In her decision calling the voucher program unconstitutional, Page dismissed this characterization as “mere semantics.”
Appeal Process Continues
Today’s appellate court hearing represents the next phase in the legal battle over school funding in Ohio. The 10th District Court of Appeals will hear arguments from both sides as the case continues its journey through the state’s judicial system.
The outcome of this appeal could have significant implications for Ohio’s education funding structure and the future of the state’s private school voucher program. The case has drawn attention from education advocates on both sides of the school choice debate since its inception four years ago.
