An Ohio appeals court ruled the state's EdChoice private school voucher program unconstitutional on Thursday, Oct. 15, siding with Lakota Local Schools and more than 300 districts that sued.

The 10th District Court of Appeals in Franklin County ruled unanimously that EdChoice violates the Ohio Constitution by funding a separate school system with taxpayer dollars, as WCPO 9 Cincinnati first reported. Lakota, which has the fourth-highest voucher rate in Ohio, joined the lawsuit in March 2025.

The program continues operating during the appeal. The Ohio Attorney General is expected to take the case to the Ohio Supreme Court.

What the court said

Judge David Leland, writing for the three-member panel, said the name "EdChoice" is misleading because the choice lies with private schools, not parents. He wrote that the program funds a parallel school system that lacks state oversight and is unavailable to many rural Ohioans.

"EdChoice, as presently structured and funded, secures with taxpayer funds a competing system of uncommon schools that is not subject to the same obligations imposed on Ohio's system of common schools," Leland wrote.

The ruling also found the program draws taxpayer dollars away from public schools and "cherry-picks" students, causing financial hardship and hurting districts' ability to pass local levies.

What it means for Lakota

Lakota's board voted 3-2 in March 2025 to join the Vouchers Hurt Ohio lawsuit. The Lakota Education Association offered to pay half the $34,000 cost, according to a presentation by Sycamore Schools that cited board president Kelley Casper. Casper said the district has more than 2,000 vouchers, and 98% of those families already attended private schools.

The district receives about $2,839 per student in state base funding under the governor's proposed budget for fiscal years 2026-27, roughly 50% of the statewide average of $5,708, according to district figures. The average EdChoice voucher is worth $6,574 per student, or 115% of that same statewide average.

About 180,000 students statewide participate in EdChoice since lawmakers expanded it to all families in 2023, according to StateNews.org.

Supporters, opponents weigh in

Former Ohio Supreme Court Chief Justice Eric Brown, who chairs the Vouchers Hurt Ohio Steering Committee, called the ruling a victory. He said lawmakers should use tax dollars to fund "a single system of common schools open to all children," according to StateNews.org.

School Choice Ohio President Yitz Frank said his organization plans to appeal. He said if the ruling stands, "it'll have a devastating effect on 180,000 students that currently participate in Ohio scholarship programs …"

Ohio House Speaker Matt Huffman, a Lima Republican, said in a written statement that school choice programs have been upheld by the U.S. Supreme Court and other courts. He said the decision of one of 12 Ohio appellate courts will not change that, according to StateNews.org.

The case now heads to the Ohio Supreme Court. The EdChoice program remains in effect during the appeal.