Vouchers declared unconstitutional

VERMILION — Ohio's private school voucher program was recently declared unconstitutional, the result of a lawsuit by a statewide group whose members include local districts. A Franklin County Common Pleas Court judge late last month filed summary judgment in a 2022 lawsuit targeting the state's EdChoice program. It's a state-funded school voucher plan that: • Proponents argue benefits parental choice. • Critics contend it diverts needed money away from public school districts. Joining that lawsuit was Vouchers Hurt Ohio, comprised of more than 300 public school districts, which lauded Judge Jaiza Page's decision to rule the EdChoice program unconstitutional. Local districts joining the effort, according to the group's website, are Bellevue, Danbury, Norwalk, Sandusky, South Central and Vermilion. Ohio Attorney General Dave Yost declared a plan to appeal the judge's decision. The premise of EdChoice was to allow lower-income families the opportunity to enroll in private schools. But, in recent years, lawmakers expanded the program, making public funding for private school tuition available to moderate and middle-income families. Local districts react to ruling A Vouchers Hurt Ohio release described the voucher program as a "$1 billion boondoggle" that acted as a "refund and rebate scheme" for those who already send their children to private schools and private school operators who get dollars rerouted from public schools. Two area public school districts involved in that effort gave their reactions to the ruling. Vermilion In April, Vermilion school board members approved a recommendation for the district to join the Ohio Coalition for Equity and Adequacy in School Funding — a group affiliated with Vouchers Hurt Ohio — and its lawsuit against the state for unconstitutional funding. "I asked the board to join the coalition's lawsuit because the Ohio Constitution is very clear and unambiguous," Vermilion Schools superintendent David Hile said. Hile continued with a quote from the state constitution: "No religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state." Several legislators in the state want to defund and destroy public education, according to Hile. He said they have been increasingly brazen in doing so because of what he described as one-party rule in the state's government. "There is no check on their power other than the courts when and if they choose to respect the courts' authority," Hile said. Hile described EdChoice as a "euphemism for unconstitutionally diverting Ohio tax dollars to private and religious schools from the public education appropriation in the state budget." EdChoice gives back to wealthy individuals who already have children in private schools and contribute to legislators' and gubernatorial campaigns, according to Hile. "It's certainly not about improving educational choice unless by EdChoice they mean the private and parochial schools choosing which students they will enroll," Hile said. Hile agreed with the judge's ruling, saying the courts should not have been bothered with this matter and said it was a waste of tax money. He said a state legislator reading the Ohio Constitution would be expected to come to the same conclusion. Danbury Danbury Schools joined the coalition to advocate for fair and equitable funding for public districts in Ohio, according to its district superintendent, Cari Buehler. "We believe public dollars should stay in public schools — institutions that are open to all, accountable to taxpayers and committed to serving every child," Buehler said. "The EdChoice voucher program undermines these values by diverting critical tax dollars to private institutions that are not subject to the same standards of transparency, equity or accessibility." The problem the district has with EdChoice focuses on its lack of fairness and justice. Buehler said it creates a system that puts the majority of students at a disadvantage. She said it is framed as "choice" but benefits those already using resources and leaves behind students who rely on public schools. Buehler said her district is in favor of the judge's ruling, calling it a "major step forward for public education in Ohio." "It affirms what we and many others have long believed — that the current voucher system undermines the constitutional requirement to provide a single, high-quality system of common schools for all students," Buehler said. "This decision is not just a legal win but a moral one — for educators, students, and taxpayers across the state." Children are at the heart of the issue, according to Buehler. Dollars that do not go to public schools impact those students who rely on the district not just for academics but also meals, support and opportunities. "We are proud to stand with other districts in this coalition and will continue to advocate for a system that puts all students first," Buehler said. Will the lawsuit continue? Even though the judge ruled the program to be unconstitutional, the program is still allowed to continue because the decision may cause big changes to school funding and parties were likely to appeal, according to an Ohio Capital Journal article. The two local districts also had this to say about the state's plan to appeal the ruling: • Vermilion: "I have no doubt that they will appeal and waste more tax dollars defending the indefensible and, at the same time, talk about how the public schools waste money," Hile said. "Now, we need the appeals court and the Ohio Supreme Court to demonstrate their understanding of the Ohio Constitution." • Danbury: "While we respect the legal process, we are disappointed in the decision to appeal," Buehler said. "We believe this ruling should be a catalyst for meaningful dialogue and reform — not a drawn-out legal battle funded by taxpayer dollars. We hope the courts will continue to uphold what is clearly stated in the Ohio Constitution and that our state leaders will redirect their focus toward strengthening public education."