Ohio Attorney General Dave Yost will file an appeal on Wednesday after a Franklin County judge ruled in June that the state’s Educational Choice Scholarship Program, known as EdChoice, is unconstitutional.
The attorney general’s legal challenge will go to the 10th District Court of Appeals, which is not likely to issue its ruling until next year. If the appeals court upholds the Franklin County decision, the case will move on to the Ohio Supreme Court, where a decision is not expected until the first half of 2027 at the earliest.
In the meantime, the EdChoice scholarship program remains in place for the 2025-26 and 2026-27 school years throughout Ohio. Earlier this month, the Ohio Legislature approved EdChoice funding for the next two years in the state’s biennial operating budget.
“Nothing has or will change with scholarships for the 2025-26 school year,” said Dr. Adam Dufault, the diocesan superintendent of schools, in a letter sent to administrators in June after the initial decision. “The ruling will be appealed, and it will take time for that legal process to unfold.”
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The EdChoice voucher program allows any student attending a Catholic or other non-public school in Ohio to receive a partial scholarship for tuition. Those funds will not be impacted for the next two years while the case works its way through the courts.
“The important thing that we’ve communicated to superintendents and Catholic school principals is that nothing changes with the EdChoice scholarships,” said Brian Hickey, executive director for the Catholic Conference of Ohio, the official representative for the Catholic Church in public policy matters.
Hickey is confident that EdChoice will prevail in the appeals process.
“We expect (the 10th District Court of Appeals) to uphold the Franklin County judge’s decision and from there it will go to the Ohio Supreme Court, where we’re more confident we’ll have a favorable ruling on EdChoice,” Hickey said.
In June, Franklin County Judge Jaiza Page ruled the program unconstitutional. But she anticipated a challenge to her ruling and stayed her decision, allowing the program to remain in place without changes during the appeals.
“Ensuring EdChoice scholarships for students is a matter of social justice as it allows for equal opportunities for all of Ohio’s children,” Hickey said in a statement in June after the initial ruling. “It is also sensible public policy, encouraging a more robust education system for families that ultimately benefits society and the common good.
“The Catholic Church will continue to advocate for and defend programs that support parents as the primary educators of their children and enable them to select a school that best suits their child’s needs.”
Yost assured parents and students who rely on EdChoice vouchers that “it is funded, it is operational, it is available.”
The Vouchers Hurt Ohio coalition had sued the state over EdChoice, claiming the vouchers were unconstitutional and diverted money from public schools to fund the program.
On Monday at a news conference, Yost and legislators rebutted many of the arguments made by those who challenged the program, emphasizing that public schools and the voucher program are funded separately and that parents are entitled to choose any school for their children.
Hickey pointed out that Catholic schools are open to all students and that the percentage of racial and ethnic diversity is as high or higher than public schools in Ohio. He added that Catholic and non-public schools are required to adhere to the same operating standards that public schools have for teachers, licensing, and health and safety.
Hickey also stressed that Catholic advocacy for EdChoice is not intended to denigrate public education.
“EdChoice simply encourages a more robust educational system,” he said.