The group of around 200 public school districts suing the state over private school vouchers got a win in a Columbus court today, as a judge ruled the EdChoice private school voucher program is unconstitutional. The lawsuit was filed by the group Vouchers Hurt Ohio more than two years ago, but this isn’t the end for the case.
EdChoice has been expanded to provide private school vouchers to any Ohio family that wants them. The expansion of EdChoice takes money from constitutionally required public schools, according to a 47-page decision from Franklin County Common Pleas Judge Jaiza Page.
"The Plaintiffs submit that the EdChoice program unconstitutionally creates a second system of uncommon, private schools in violation of Article VI Section 2 of the Ohio Constitution," wrote Page. "Defendants argue that EdChoice is not unconstitutional because the State has always funded private schools. Though this may be true, the State may not fund private schools at the expense of public schools or in a manner that undermines its obligation to public education."
“We've always known that the Vouchers Hurt Ohio lawsuit will be a match of three rounds. And today we won round one," said Dan Heintz, a member of the Cleveland Heights-University Heights Board of Education. That district was one of the first to join Vouchers Hurt Ohio and is among the lead plaintiffs in the lawsuit.
The next stop is the Tenth District Court of Appeals and then the Ohio Supreme Court. That latter court is dominated by Republicans, with Justice Jennifer Brunner as the lone Democrat in elected statewide office in Ohio. But Heintz said he isn’t worried about the high court tossing the case.
"Ohio is blessed to have excellent language in the state constitution protecting the integrity of public funds for public education," Heintz said. "When the law is on your side, you want a conservative court, and that's what we have in Ohio. So we have a court that prides itself on being strict constructionists, meaning it is the words on the page that matter. And we are eager to get before that court."
Advocates for vouchers and school choice were frustrated by the ruling.
“While we profoundly respect the judicial process, we vehemently disagree with the court’s interpretation of Ohio’s Constitution and believe the EdChoice program remains a constitutionally sound mechanism to empower families,” said Eric “Yitz” Frank, President of School Choice Ohio. "We are confident of prevailing on appeal and will continue to stand alongside Ohio families who rely on these important programs. We do appreciate Judge Page staying the ruling, allowing EdChoice to continue uninterrupted during the appeals process.”
School Choice Ohio said more than 143,000 students used EdChoice vouchers to attend private schools this fiscal year. Experts have said more than half of students receiving EdChoice vouchers have never attended public school. Heintz said in his district, that number is nearly 95%.
