School choice enters new decisional domain

Ohio’s debate over school choice has entered a new chapter, and the stakes could hardly be higher for families, students and taxpayers.

This month, Ohio’s Tenth District Court of Appeals upheld a lower court ruling declaring the state’s EdChoice Scholarship Program unconstitutional. The decision raises questions about the program’s structure, funding and oversight. An appeal to the Ohio Supreme Court is expected, and the appeallate court ruling has been stayed while the legal process continues. 

For now, families should not assume their scholarships have immediately ended.

This debate is about more than a court case, but how Ohio spends taxpayer dollars, how public schools are funded and whether parents should have alternatives when another educational setting better meets their children’s needs.

According to the Ohio Legislative Service Commission, state spending on scholarships for students attending private K-12 schools reached approximately $1.095 billion in 2025, an increase of $131.1 million, or 13.6%, from the prior year. About 162,700 students received scholarships across Ohio’s five scholarship programs.

The EdChoice Expansion Program accounted for approximately $492.7 million, serving nearly 100,000 students for  2024-2025. Traditional EdChoice scholarships accounted for another $283.1 million. These are public investments deserving scrutiny, transparent reporting and an honest assessment of educational outcomes. 

The Buckeye Institute and Policy Matters Ohio offer sharply different interpretations of what these numbers mean.

The Buckeye Institute argues Ohio should preserve universal school-choice eligibility and ensure educational resources follow students rather than remain tied to school systems. The institute reported EdChoice recipients had increased from 50,200 in 2021 to 130,000 in 2024. The thinktank has suggested improving transportation options, making unused public school buildings available to other education providers and providing better school performance information.

Policy Matters Ohio raises a different concern: whether the rapid growth of vouchers is directing public money toward families who were already paying private school tuition rather than substantially expanding access to private education.

Its analysis of 2023-2024 found Ohio issued nearly 69,000 new EdChoice Expansion vouchers while private school enrollment grew by 3,700 students. Policy Matters concluded that roughly 65,000 vouchers went to families whose children were already attending private schools. Also, 17% of Expansion recipients qualified as low-income in 2023-2024, compared with 67% the prior year.

The figures suggest the expansion has not simply brought tens of thousands of additional students into private schools, but also provided financial assistance to families already using them.

Supporters can argue helping families afford a school they chose is a legitimate purpose, even if their children were already enrolled there. Critics can question whether a universal program is the most effective use of limited public resources when many families depend on public schools.

The court’s ruling adds a constitutional dimension. Public school districts have argued the program undermines the state’s obligation to maintain a thorough and efficient system of common schools. The appellate court agreed with the constitutional challenge to the program as structured, citing concerns on differences in school accountability, admissions practices and the effects on public education.

The Buckeye Institute disagrees with the ruling and believes the Ohio Supreme Court should overturn it. Alternatively, Policy Matters Ohio has called for greater transparency around publicly funded vouchers, including reporting to identify scholarship recipients by income and disclose how much public money participating schools receive.

Both perspectives point toward questions lawmakers should address: What outcomes are taxpayers purchasing? Which families benefit? How should schools receiving public funds be held accountable? And how can the state preserve educational options while meeting its constitutional obligations?

The Ohio General Assembly should begin working on those questions now.

First, lawmakers should improve public reporting on scholarship spending, participating schools, family income and student outcomes. Second, examine whether eligibility rules and funding levels are meeting the program’s stated goals. Third, explore legally sound ways to preserve educational choice, including revised scholarship provisions, charter schools and expanded public-school open enrollment.

Also, Ohio public schools serve an essential role and must remain capable of educating every student. Families who choose private schools also deserve clear information about the schools accepting public funds.

The Ohio Supreme Court will have the final say on the constitutional dispute. However, the Ohio General Assembly has an opportunity to prepare for the decision rather than wait for a ruling and scramble to respond.

Ohio’s education system should be judged by whether students are learning, families have options and public dollars are being used responsibly. 

Rob Scott is the Kettering Clerk of Court, an attorney, and a small-business owner. Contact him at rob@robscott.us.