Appeals Court Rules Ohio Voucher Program Unconstitutional

A state appellate court has struck down the Ed-Choice Scholarship Program, and Ohio plans to appeal the decision.

Updated on Nov. 3, 2026 in Secondary Education

Bold flat-color editorial illustration of a simplified domed capitol silhouette in deep red against cream, centered with generous margin.
The Ohio Tenth District Court of Appeals ruled the state's Ed-Choice Scholarship Program unconstitutional, and Ohio plans to appeal the decision. AI Illustration. Upload story photo >

Live Poll

Should Ohio shift more school funding back to public schools rather than vouchers?

The Ohio Tenth District Court of Appeals ruled the Ed-Choice Scholarship Program unconstitutional, finding it diverts public funds to private and parochial schools that lack publicly elected boards and public audits. The State of Ohio plans to appeal the ruling.

Why it matters

The program provides scholarship funding for eligible students to attend participating private and parochial schools, and the state's funding for it is up to about $3 billion this year. The ruling comes as the state's share of public education funding has fallen from about 46% to about 32%, shifting more of the financial burden onto local taxpayers.

The Ohio Tenth District Court of Appeals issued the ruling, and the state's share of public education funding has dropped from about 46% to about 32%. State funding for private and parochial schools through the program is about $3 billion this year, and the state intends to appeal.

The players

Ohio Tenth District Court of Appeals

The appellate court that ruled the Ed-Choice Scholarship Program unconstitutional, a decision the state plans to challenge on appeal.

Salem Board of Education

The local school board in Salem that discussed the ruling and approved a $100,000 grant for a junior high math tutor.

The details

The appellate court found the program unconstitutional because it sends taxpayer dollars to schools without publicly elected boards or public audits. Locally, the Salem Board of Education discussed the ruling at its October meeting while approving a $100,000 school support grant for the Junior High School to fund a certified math tutor.

Timeline

  1. Within the last week before the October 2026 board meeting, the appellate court issued its ruling.

  2. October 2026: the Salem board discussed the ruling at its regular meeting.

  3. July 1, 2026 to June 30, 2027: term of the approved agreement with LLA Therapy.

  4. Nov. 9: the board's next meeting, set for 7 p.m.

Roadmap

The ruling places Ohio's Ed-Choice Scholarship Program at the center of a broader debate over public funds for private schools. It arrives as the state's share of public education funding has declined over time, shifting costs toward local districts.

Families receiving Ed-Choice scholarships could see their funding affected while the appeal proceeds. Local taxpayers in Ohio may face a larger share of public education costs as state funding has declined.

The takeaway

Ohio's school-funding debate now turns on the outcome of the state's appeal, which will determine whether public dollars can continue flowing to private and parochial schools through the program.

What happens next

The state's appeal of the ruling is expected to continue over the next few months. The Salem board's next meeting is set for Nov. 9 at 7 p.m.

Further reading

Explore more on Secondary Education for context on how state school funding and voucher programs affect Ohio students.

Source note: This article includes information reported by Salemnews.

Live Poll

Should Ohio shift more school funding back to public schools rather than vouchers?