Ohio’s private-school voucher fight has reached another major turning point, with an immediate distinction for families in Toledo and across Northwest Ohio: the court ruled against EdChoice, but the scholarships are continuing for now.
The 10th District Court of Appeals unanimously ruled October 15 that EdChoice and EdChoice Expansion, as currently structured and funded, violate the Ohio Constitution. It stayed enforcement pending an anticipated further appeal. Attorney General Andy Wilson confirmed in a statement that the state intends to appeal to the Ohio Supreme Court. He said the program will continue uninterrupted and families face no immediate impact from the ruling.
Judge David Leland wrote the opinion, joined by Judges Kristin Boggs and Shawn Dingus. The decision centers on Article VI, Section 2 of the Ohio Constitution, which requires lawmakers to secure a “thorough and efficient system of common schools” throughout Ohio. The panel concluded that the current voucher programs fund a competing school system with fewer public obligations and less state oversight.
The judges also faulted private schools’ ability to select applicants, geographic limits on access for rural families, and the combined financial effects on public districts. Their reasoning addressed state funding priorities, the costs public schools retain when students leave, and potential damage to community support for local levies. Those are findings of the appeals court; the state disputes that the program harms public schools.
The ruling has an important boundary. The panel expressly said it was not declaring school vouchers unconstitutional in every form. Its holding concerns EdChoice and EdChoice Expansion as challenged in this case. It affirmed the underlying judgment after Franklin County Common Pleas Judge Jaiza Page’s June 24, 2025 decision. The lawsuit was filed in 2022.
Ohio’s voucher history also matters. The Cleveland pilot began in 1995; lawmakers enacted EdChoice in 2005 and added the income-based expansion in 2013. A 2023 expansion made eligibility broadly available across income levels, with award sizes still tied to household income. The Cleveland program and EdChoice are distinct programs, despite their shared history.
Public-school advocates welcomed the decision. William Phillis, speaking for Vouchers Hurt Ohio and the Ohio Coalition for Equity and Adequacy of School Funding, argued that vouchers subsidize private education while leaving local taxpayers with public-school obligations, according to 13abc’s reporting. The Statehouse News Bureau reported that School Choice Ohio President Yitz Frank disagreed with the ruling and expects the Ohio Supreme Court to reverse it. In his own statement, Wilson defended lawmakers’ authority to help families choose a school and rejected the claim that the current system hurts public schools.
For local families, this is already part of the tuition-planning process. Notre Dame Academy in Toledo lists both traditional and expansion EdChoice scholarships in its published affordability guidance. The school says students must first be accepted before applying for EdChoice. That guidance illustrates the local stakes, rather than a new response by the school to Thursday’s ruling.
The Ohio Department of Education and Workforce’s 2026–27 expansion fact sheet lists maximum awards of $6,166 for kindergarten through eighth grade and $8,408 for high school. Families at or below 450 percent of the federal poverty level qualify for the maximum; higher-income families receive reduced awards. The application period remains open through June 30, 2027, according to that guidance.
There is also a timing detail separate from the lawsuit: the state’s fact sheet says applications submitted after October 14, 2026 receive a prorated award based on the school year remaining after enrollment. Scholarships cover tuition; fees and, depending on income and tuition, additional family payments may still apply. Families with individual application questions can check with their participating school or the state’s scholarship office.
The next step is the state’s announced appeal. Thursday’s decision does not establish when the Ohio Supreme Court will act or how it will rule. For now, the stay leaves the programs operating while that legal challenge continues.
