An Ohio appeals court unanimously ruled Thursday, Oct. 15, that the state’s EdChoice private-school voucher programs are unconstitutional, but stayed enforcement pending further appeal.

The decision comes 19 days before Upper Arlington voters decide Issue 7, which combines a $273.5 million school bond issue with a 4.9-mill operating levy.

The 10th District Court of Appeals upheld a lower court's finding that the Educational Choice Scholarship Program (EdChoice) violates the Ohio Constitution, the Columbus Dispatch reported. The program will remain in place for now. The court stayed enforcement pending an expected appeal to the Ohio Supreme Court, which holds a 6-1 Republican majority.

Judge David Leland, writing for the three-judge panel, said EdChoice funds a separate school system that faces materially less state oversight than public schools. He wrote that the vouchers "receive taxpayer funding in a manner that operates at the expense and detriment of Ohio's public schools, and, consequently, the children who depend on those public schools for instruction, support, and opportunities that shape their future."

Leland also wrote that the name "EdChoice" is misleading because the choice belongs to private schools, not parents.

What it means locally

Upper Arlington voters will decide Issue 7 on Nov. 3. The measure combines a 4.9-mill operating levy (a mill is $1 per $1,000 of taxable property value) with a $273.5 million bond issue to address aging facilities, including two middle schools and an early childhood building.

Upper Arlington Superintendent Robert Hunt told ABC 6 in September that the state funding system has shifted more financial responsibility to local taxpayers. The district earned a 5-star rating, the highest possible, on its most recent state report card.

Ohio Attorney General Andy Wilson said in a statement that the stay means no immediate disruption. "Families should not worry, as there is no immediate impact from the ruling," Wilson said.

The court found the voucher program is drawing taxpayer dollars away from public schools and hurting districts' ability to secure funding through local levies, according to WYSO.

Reactions split along party lines

Ohio House Speaker Matt Huffman, R-Lima, said he "strongly condemns" the decision. State Sen. Andrew Brenner, R-Delaware, called the ruling "political" and questioned its timing ahead of the election, according to the Dispatch.

Former Ohio Supreme Court Chief Justice Eric Brown, who chairs the Vouchers Hurt Ohio Steering Committee, called the decision "a victory for public schools and all the children in this state," according to WYSO.

Several hundred school districts sued over EdChoice. Central Ohio districts participating in the challenge named in Dispatch reporting include Columbus City Schools, Westerville City Schools and Worthington City Schools.

What's next

Over 140,000 students used EdChoice in 2025, according to Ohio Department of Education and Workforce data cited by the Dispatch. The program provides up to $6,166 for grades K-8 and $8,408 for grades 9-12 on a sliding income scale.

The Ohio Attorney General said his office would appeal to the Ohio Supreme Court. Until that court rules, vouchers continue unchanged. Early and absentee voting for the Nov. 3 election, including Upper Arlington's Issue 7, began Oct. 6.