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Ohio appeals court rules EdChoice private school voucher system unconstitutional

Program allowed to continue
State goes before 10th District Court of Appeals appellate judges in EdChoice voucher lawsuit
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COLUMBUS, Ohio — An Ohio appellate court has ruled that the EdChoice voucher program, which uses taxpayer dollars to fund private school tuition, is unconstitutional.

The program will still be able to exist, as the judges expect the state to appeal.

This is a developing story and will be updated.

A panel of Democratic judges on the 10th District Court of Appeals in Franklin County unanimously sided with the more than 300 public school districts that sued, alleging that EdChoice was violating the Ohio Constitution by funding a separate school system, one with a lack of oversight that isn't available to rural students.

Watch previous coverage: Ohio judges question why taxpayers fund private school tuition

Ohio judges question why taxpayers fund private school tuition

"EdChoice, as presently structured and funded, secures with taxpayer funds a competing system of uncommon schools that is not subject to the same obligations imposed on Ohio’s system of common schools," Judge Dave Leland wrote.

It is also illegal for "drawing taxpayer money away from public schools" and "cherry-picking students from public schools, causing financial hardship," the ruling states.

Follow Statehouse and Columbus bureau reporter Morgan Trau on X, Instagram and Facebook. Email her at Morgan.Trau@wews.com.