The constitutionality of Ohio’s vouchers system will once again be challenged by more than 300 school districts, including Cincinnati Public Schools, this time before the 10th District Court of Appeals in Columbus on Tuesday, May 12.
The arguments by the Vouchers Hurt Ohio coalition and the state of Ohio, slated for 9:30 a.m., are open to the public and can be viewed at the court’s YouTube page. No ruling is anticipated tomorrow.
In June 2025, the districts won on three counts after Franklin County Common Pleas Court Judge Jaiza Page ruled that using public funding for private schools through the EdChoice vouchers program was unconstitutional. The state appealed the decision in July.
“In expanding the EdChoice program to its current form, the General Assembly has created a system of uncommon private schools by directly providing private schools with over $700 million in funding,” Page wrote.
She also said lawmakers had underfunded public schools while giving private schools a boost.
EdChoice supporters, including Center for Christian Virtue President Aaron Baer, say public schools are wasting taxpayer money with this legal challenge, The Dispatch previously reported.
“This lawsuit has nothing to do with the well-being of students. It has everything to do with maintaining a monopoly,” Baer said.
The case launched in 2022, when 100 public schools sued over the private school voucher program. That coalition has since tripled in size to over 300 public schools across the state.
Which Greater Cincinnati districts are part of the lawsuit?
According to the Vouchers Hurt Ohio website, the following Greater Cincinnati districts are part of the lawsuit:
Hamilton County
Butler County
Clermont County
Warren County
What is the EdChoice voucher program?
Ohio vouchers function like a taxpayer-funded scholarship to private schools. The option is called The Educational Choice Scholarship Program or EdChoice.
Initially pitched as a way to help students from low-income families in poor-performing school districts, EdChoice was expanded in 2023 to all families regardless of their income.
After that change, the number of students using EdChoice vouchers increased dramatically from 23,333 students receiving vouchers in the 2022-23 school year to nearly 80,000 the following year.
It’s estimated that the state spent $475.4 million on vouchers in 2025 through the program for about 88,000 students. By 2027, the state was projected to spend $1.25 billion on vouchers.
State government reporters Jessie Balmert and Haley BeMiller contributed to this report.
This article originally appeared on Cincinnati Enquirer: Ohio school vouchers lawsuit reaches appeals court. How to watch
Reporting by Grace Tucker, Cincinnati Enquirer / Cincinnati Enquirer
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