Judge rules state school voucher program unconstitutional, Ohio Attorney General pledges to appeal

A Franklin County judge declared the state's school voucher program unconstitutional this week, though the state plans to appeal the decision. Judge Jaiza Page ruled in favor of a coalition of 300 public schools that filed a lawsuit in 2022 challenging the constitutionality of Ohio's EdChoice program. Several Lorain County districts, including Lorain and Oberlin schools, joined the filing since the coalition's formation. The plaintiffs had argued that Ohio's 28-year-old school voucher plan, known as EdChoice, has over time created an unconstitutional system of separately funded private schools and led to resegregation of some districts because mostly nonminority students take advantage of the program. Over the years, the state has expanded the voucher program to be universal, with a sliding scale of the amount families received based on income. Page, a Democrat, agreed that the program violates a provision of the Ohio Constitution requiring "a thorough and efficient system of common schools," but rejected claims that it violated the equal protection clause. Page agreed with plaintiffs that the state Legislature's expansion of EdChoice in 2022 "created a system of uncommon private schools by directly providing private schools with over $700 million in funding," and that the program created a barrier to the Fair School Funding Plan. The Fair School Funding plan was a public school funding model enacted in 2021 to fund districts based on the cost to educate children in individual schools, rather than basing school funding solely on local property taxes. In a statement announcing the decision, Vouchers Hurt Ohio, which brought the original lawsuit, lauded Page's decision. "We are pleased that the court affirmed what we have been saying all along. The EdChoice private school voucher program, which has been diverting hundreds of millions of much-needed tax dollars from public schools to private schools, is unconstitutional," said William Phillis, executive director for the Coalition for Equity and Adequacy of School Funding. Similarly, the Ohio Education Association celebrated the ruling. OEA President Scott DiMauro said the legal victory was the first step in a much longer process through the appeals court, but called the ruling a victory for public school educators, communities and students who have seen resources diverted to fund private school tuition for years. "The work does not stop here," DiMauro said in a news release, "but I am confident this initial ruling will ultimately stand up through the appeals process, and Ohio can once again dedicate its resources fully to funding our public schools and ensuring all Ohio students can get the world-class education they deserve — no exceptions." Locally, Elyria Superintendent Ann Schloss said the voucher system is funded on the backs of public schools, with local districts providing support to "pieces and parts" for kids on vouchers. Those "pieces and parts," include transportation and other support services. "Most of the vouchers out there are going to the parents of kids who are already going to private schools," Schloss said. "I believe the program was intended to reach parents who wanted to send their kids to other schools for performance or other reasons, but that is not really what we have seen." On the other side of the issue, Elyria Catholic President Annie Heidersbach was less pleased with the initial ruling, but confident the EdChoice program would be upheld on appeal. "It's a very sound policy and it's a matter of justice, giving families access to educational opportunities they might not otherwise be provided," she said. While the matter moves through the appellate court, the program will remain in place — meaning it will not negatively impact the vast majority of Elyria Catholic students receiving vouchers to attend the private high school. Heidersbach said Catholic schools are held accountable to their families, students and the community much the same way their public counterparts are — Elyria Catholic's faculty must be licensed in the state, and the school undergoes regular audits just like public districts. More than 91 percent of EC's 530 students benefit from EdChoice. "I've seen the positive impact the program has," Heidersbach said. "I've talked to students who are thrilled they are able to receive a Catholic education through EdChoice, families now have that opportunity to send children to a school where they will grow academically (and) spiritually." The Catholic Diocese of Cleveland, which oversees Elyria Catholic and other parochial schools in Northeast Ohio, held Heidersbach's same confidence the EdChoice program will prevail in the appeals process. "Ensuring EdChoice scholarships for students is a matter of social justice, as it allows for equal opportunities for all of Ohio's children," Brian Hickey, Catholic Conference of Ohio executive director, said in a news release. "It is also sensible public policy, encouraging a more robust education system for families that ultimately benefits society and the common good." Republican Attorney General Dave Yost said in a statement that he is confident the state will ultimately win. He assured Ohio families that the judge's order allows the program to remain operational as the lawsuit is argued, "so parents don't have to panic or worry about other options while the court process plays out." Chronicle reporter Owen MacMillan and The Associated Press contributed to this report. Contact Carissa Woytach at (440) 329-7245 or cwoytach@chroniclet.com