Yost defends EdChoice program during oral arguments

Ohio Attorney General Dave Yost’s office defended the EdChoice private school voucher program before the 10th District Court of Appeals on Tuesday, May 12, amid student proficiency gaps in public education.

“Thousands of Ohio children are thriving today because their families could choose a school best suited for their educational needs,” Yost said, arguing the program follows parental choice and upholds precedent without harming the state’s constitutional duty to public schools.

The appeal challenges a June 2025 Franklin County ruling that deemed the program unconstitutional for diverting funds from the “thorough and efficient” common school system. Following an appeal by the state, the trial court stayed the decision, permitting the program to continue uninterrupted during the appeals process.

During oral arguments Tuesday, Yost’s legal team maintained that EdChoice is constitutional because funding is directed by parental choice, a principle already upheld by the Ohio Supreme Court.

Moreover, the state emphasized that the program is a separate investment that does not interfere with the state’s duty to fund a “thorough and efficient” system of public schools. Arguing that voucher spending and public school budgets are not legally linked, the state pointed out that ending the scholarship program would not automatically increase funding for public school districts, as budget decisions rest entirely with the legislature.

While alleging that the voucher program drains resources, 300 union-represented public schools used their taxpayer-funded operating budgets to organize under the name Vouchers Hurt Ohio and to sue the state.

According to the VHO website, each district is spending $2 per pupil in annual dues to support the litigation and coalition efforts. Since the lawsuit was filed in 2022, the coalition has spent roughly $1.7 million on legal fees as academic struggles mount.

Ohio report cards show districts involved in the lawsuit received some of the lowest statewide student proficiency ratings. Columbus City Schools, for example, received a two-star rating overall and a one-star rating for graduation and early literacy.

Statewide, however, research shows minority students, economically disadvantaged students and students with special needs have continued to lag significantly in both reading and math proficiency.

Critics allege that schools are suffering due to “oppressive union contracts,” which increase per-pupil spending while dictating how schools operate, including matters of curriculum, testing, and resource allocation.

With the teachers’ unions focused on ideological priorities while $2 per student funds the lawsuit against the state, critics say it’s time for schools to compete, placing student needs first. Yet, public records show that students using the vouchers were already enrolled in private schools, or waiting for scholarships — dispelling myths of a mass exodus.

According to Rob Schuler, attorney for the Catholic School Family Intervenors, EdChoice isn’t about taking away from public schools, but about expanding opportunities for disadvantaged students.

“Education exists to expand opportunities for children to have a bright future, yet robbing families of EdChoice scholarships only hinders already disadvantaged students,” Schuler said. “Eliminating EdChoice scholarships would take Ohio back to an unequal system, where the place you live limits your ability to receive a high-quality education. The courts should say yes to opportunities for all, rather than just for those of financial means.”