Ohio's School Choice Battle Intensifies as Voucher Program Faces Constitutional Challenge

Ohio is at a crossroads over school choice. The state spends $1.1 billion annually on vouchers that allow students to attend private K-12 schools, yet taxpayers have little visibility into how those institutions perform. That transparency gap prompted House Bill 715, introduced in late February, which would require private schools accepting vouchers to report performance data similar to the report cards issued for public schools. Policy Matters Ohio, a progressive research organization, supports the measure, with Senior Project Coordinator Ali Smith calling it essential for Ohioans and policymakers to "understand the impact of vouchers on public school enrollment and evaluate the performance of voucher-funded private schools." The push for accountability comes as Ohio's EdChoice voucher program faces its most serious legal threat. In summer 2025, Franklin County Court Judge Jaiza Page ruled the program unconstitutional, finding it violates Article VI, Section 2 of the Ohio Constitution, which prohibits state funding of religious schools and requires a "thorough and efficient system of common schools." Judge Page identified critical differences between EdChoice and earlier voucher programs the state Supreme Court had upheld: EdChoice sends money directly from the state to private schools rather than to parents, and participating private schools are not subject to the same anti-discrimination laws as public institutions. The judge stayed her ruling to allow the program to continue while appeals proceed through the Tenth District Court of Appeals and ultimately the Ohio Supreme Court. The legal battle has exposed fractures in the legislature. Rep. Callender introduced House Bill 671, which would restrict state funding to public school districts that sue over the voucher program—a direct response to districts seeking additional state resources. The measure drew immediate backlash, and Callender reversed course, abandoning the bill after mass opposition. The conflicting legislative responses reflect deep disagreement over whether Ohio should expand educational choice or strengthen public school funding. With HB 715 facing a December deadline to pass both chambers, Ohio's education landscape hangs in balance. The bill's success could establish the first systematic data collection on private school performance in the state, providing crucial information for parents and policymakers. Yet unless the Ohio Supreme Court upholds the EdChoice program's constitutionality, the entire voucher framework could collapse, regardless of pending legislation.