This month, Ohio’s 10th District Court panel upheld a lower courts ruling that the school choice program, “EdChoice” is undermining public schools, declaring it to be unconstitutional. The three-judge appellate panel ruled unanimously, and found that the program violates the state’s constitutional requirement for an “efficient” and “thorough” school system, in addition to prohibiting the state from allowing religious
groups from exercising exclusive control over public-school funds. This is the second ruling in the Columbus City School District, et al. v. State of Ohio. The decision is expected to set up an appeal to the Ohio Supreme Court and that final ruling is bound to impact microschooling families in Ohio. So, what is “EdChoice?” What are people saying about the ruling? And what will a final ruling mean for homeschoolers?
What is EdChoice?
EdChoice provides state-funded tuition vouchers for students attending participating private schools. Partial assistance is available regardless of family income.
EdChoice isn’t new policy: in 2005, Ohio’s General Assembly passed the Education Choice Scholarship Program. Originally, the program provided a limited number of state-funded vouchers available to low-income students, assisting them in attending private schools. Over the following two decades, the program was continually expanded by the legislature in its reach and scope. This meant expanding the income threshold, or the range in the amount of money a family can make to be eligible for school vouchers. In 2023, EdChoice saw its most radical transformation yet, when the legislature made the program nearly universal in the state, with eligibility 450% above the federal poverty line, meaning almost any family in the state will qualify.
The Lawsuit
The law was challenged in a lawsuit by a group called the Coalition for Adequacy and Equity of School, made up of dozens of public schools in Ohio.
The crux of the case for or against this program is a question of who gets to use public funds and who gets to decide that. The question in this case is: Can Ohio use public money to help families pay private-school tuition while maintaining a quality system of public schools? Those opposed to the educational choice policy, along with the judges involved in the proceedings, say Ohio has not been able to maintain a quality school system in the face of this program, which has redirected millions of dollars away from public schools.
Those critical of the program who brought the lawsuit highlight that most participating schools in the EdChoice program are religious, and that schools participating in the program decide which applicants to accept and have significantly less oversight compared to public schools. They also point to the unequal accessibility of these programs. Students in cities have significantly more options to choose from; participating schools are concentrated in cities. This means that rural school districts have paid for the program that are inaccessible to their students.The judges stated in the ruling that the program was eroding support for local school levies by incentivizing families to leave public school systems.
Those who are for the ruling cite that the constitutionality of school choice programs, including universal school choice, have been upheld throughout the nation, and find this to be a major judicial overreach. They also note that the program is very popular, with 180,000 students currently enrolled.
The ruling is expected to make its way to Ohio’s supreme court, and the court has not issued a stay on the program, so it is operating as usual this year, however this is only temporary, and another court battle will be waged in the coming year.
What Does This Mean for Homeschoolers?
For families who strictly homeschool, this ruling will not impact you: the program is exclusively for private schools that are approved to receive public funding through the voucher program. However, as many homeschool families know, homeschooling has changed. Many families are hybrid homeschooling, using microschools part of the week as a model similar to homeschool coops. This means that many homeschoolers who are utilizing microschools as a part of their education may find their funding restricted depending on their income in the coming school year. Ohio’s supreme court may be more friendly to the measure, but there is no telling how the court will rule. The program may see limitations to its current scope, which could be a helpful cue to create a plan ahead of time. What is your plan B? What might next year’s schooling look like if your students do not receive funds for microschooling?
As always, we will continue to provide simple, clear information on national homeschool news and policy changes. We update our blog weekly every Monday, so be sure to check back regularly for the latest homeschooling news, with practical insights for families.
