In 2022, school districts, parents, and public school advocates filed a lawsuit against the state’s EdChoice voucher program. Yesterday, Franklin County Court of Common Pleas Judge Jaiza Page ruled that vouchers for private schools violate the state constitution.

The Constitution of Ohio says that the General Assembly is responsible for funding a thorough and efficient system of common schools. Common schools are public schools. It explicitly prohibits the use of public funds for religious schools. 

Judge Page issued the first ruling on the lawsuit, known as the Vouchers Hurt Ohio lawsuit, which challenged the constitutionality of vouchers. The plaintiffs were a group of dozens of public schools and the Coalition for Adequacy and Equity of School Funding. The state will appeal this ruling. For now, those who led the lawsuit are thrilled.

“We are pleased that the court affirmed what we have been saying all along,” William Phillis, executive director for the Coalition for Adequacy and Equity of School Funding, said. “The EdChoice private school voucher program, which has been diverting hundreds of millions of much needed tax dollars from public schools to private schools, is unconstitutional.” 

Phillis was behind another lawsuit over Ohio’s schools in the 1990s, which ruled Ohio’s system of funding schools did not adequately live up to the Constitutional requirements. The case, DeRolph v. Ohio, ruled the state’s reliance on property taxes and its funding system did not fulfil the Ohio Constitution’s requirement to create a “thorough and efficient system” of public schools.

Page said the state’s voucher program also fails to create a thorough and efficient system. She ruled the EdChoice program directly contributed to less funding for public schools, increased segregation in public schools as more white students participated in EdChoice, and unconstitutionally provided funds to religious schools without oversight.

Read the decision here.

Stephen Dyer, public school advocate and former legislator, writes on his blog Tenth Period that the decision exposes the lies that the voucher lobby has peddled for years.

Dyer writes:

There have been lots of stories and posts about the historic voucher decision made yesterday by Franklin County Judge Jaiza Page. But I want to take a step back with you, Dear Reader, and explain just how expertly the Judge laid bare the thing I’ve been spitting into the wind over for the past 15 or so years: Ohio school voucher advocates have been lying to you, the public and journalists for a generation. 

Let me point out a few of the most common lies told by voucher advocates.

  1. Ohio vouchers are scholarships. Ohio school choice advocates sometimes are too clever for themselves. Calling vouchers “scholarships” in law doesn’t make them “scholarships”. Yet that’s what these politicians insist we call them. Judge Page went right after this argument in her decision: “The idea that EdChoice establishes scholarships, not a system of schools, and that it funds students, not private schools, is mere semantics … Where EdChoice participating private schools are inexplicably receiving double the per pupil state funding than public schools, it is difficult to say that EdChoice is simply a scholarship that follows and/or benefits the student as opposed to a system that benefits private schools.”
  2. Vouchers are simply a matter of money following the student. This is the kind of EduSpeak bullshit I’ve railed against for years. As I’ve said in this space many times, when 85% of the K-12 students in your state only get 77% of the money spent on K-12 education in your state, money ain’t following the kids. It’s going to private schools. As Judge Page put it: “Where EdChoice participating private schools are inexplicably receiving double the per pupil state funding than public schools, it is difficult to say that EdChoice is simply a scholarship that follows and/or benefits the student as opposed to a system that benefits private schools.”
  3. Vouchers have no impact on public school students. This is obvious bullshit, yet proponents make the claim all the time, even well-thought of ones like the Fordham Institute (who actually argue it helps public school kids!). See, the problem is that when David Brennan started the Ohio Voucher program nearly 30 years ago, he thought he’d be so clever. See, he would (yes, I know legislators did this, but make no mistake about it, Brennan was calling the shots) put the program’s money into the same line item as school district funding. That way, the program could never be line item vetoed, and no matter how much more money the program needed, it would always get the amount it needed because the money would just come out of the state funding for kids in local school districts, who would then have to go for more and bigger property tax levies. But in this case, that cleverness bit voucher advocates in the ass. Because Judge Page can read a spreadsheet. As she put it: “The General Assembly … passed the (Fair School Funding Plan) to fulfill its constitutional directive and address Derolph. Yet, it has shirked that responsibility, by: at best, (1) claiming that the FSFP, a plan of its own creation, is too expensive; or, at worst (2) simply refusing to fund it. Instead, the General Assembly chose to expand their system of private school funding by about the same amount as Ohio’s public schools lost through the General Assembly’s failure to fully fund the FSFP.
  4. Vouchers are a Parental Rights issue.This line of bullshit emanates from the program’s origins — claiming that it would provide poor kids the opportunity to attend the same private schools rich kids do. However, the evidence is clear that’s simply not happening. In fact, it’s the schools — not the parents — that this unconstitutional system empowers. As Judge Page revealed for everyone to see: “Parents only choose which school they apply to. The ultimate decision to accept prospective students, and by doing so receive EdChoice funds, lies with the private school. (So) a private religious school has the discretion and ability to apply for and receive subsidies directly from the government, while at the same time discriminating against applicants on the basis of religion, sexual orientation, or other criteria.”

There will be many more opportunities to go through this historic decision and pick out bits and pieces. But I thought it was important for everyone to recognize the major policy lies voucher advocates have pushed for 30 years were laid bare by this decision. 

Because at its core, Ohio’s unconstitutional voucher program benefits private, mostly religious schools at the expense of the 1.5 million Ohio kids who attend Ohio’s public schools. 

That’s the bottom line. 

And that’s been true since 1997.