Ohio to contest ruling against private school vouchers

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    COLUMBUS, Ohio — On Wednesday, Ohio announced its intention to swiftly appeal a recent court decision that declared the state’s private school voucher system unconstitutional. This move comes as public school supporters celebrate and a notable Christian education group voices its disapproval.

    Ohio’s Republican Attorney General, Dave Yost, released a statement expressing his confidence in the state’s eventual success in court. He reassured Ohio families that, despite the ruling, the voucher program would remain operational throughout the legal proceedings, ensuring parents have access to options without immediate concern.

    The ruling came from Franklin County Common Pleas Judge Jaiza Page, who granted a summary judgment in favor of a lawsuit filed in 2022. This suit was backed by hundreds of public school districts, parents, students, and advocates under the coalition Vouchers Hurt Ohio. They argued against Ohio’s 28-year-old EdChoice program, claiming it fostered an unconstitutional parallel system of privately funded schools and contributed to resegregation as mostly nonminority students utilized the program.

    Judge Page, a Democrat, concurred that the program violated Ohio’s constitutional requirement for “a thorough and efficient system of common schools.” However, she dismissed claims of an equal protection violation. Her detailed 47-page opinion reviewed the extensive history of school funding in Ohio, from its inception to the recent introduction of a universal voucher program, which offers private and religious school tuition to any family in the state.

    In her decision, Judge Page dismissed the “school choice” argument that claims voucher initiatives are purely the result of parental decisions, rather than state actions. She pointed out that private schools ultimately control student admissions and, therefore, the receipt of EdChoice funds.

    The Ohio Christian Education Network, associated with the Center for Christian Virtue, expressed strong opposition to the decision. Troy McIntosh, the executive director, criticized the ruling as poorly reasoned, overlooking established jurisprudence on school choice at both state and federal levels. He warned that the decision could potentially disenroll nearly 100,000 Ohio students from their chosen schools.

    Conversely, the Ohio Education Association, representing the largest group of teachers in the state, welcomed the ruling. They viewed it as a significant triumph for the majority of Ohio’s K-12 students enrolled in public schools. Ohio Education Association President Scott DiMauro acknowledged the ruling as potentially the initial victory in a prolonged legal journey but celebrated it as a major success for educators and public school communities. He emphasized the past diversion of critical resources from public schools to fund tuition for private education largely benefiting wealthy families whose children have not attended local public schools.