McCarthy, Lebit, Crystal & Liffman Co., LPA is proud to share a recent legal victory in which the 10th District Court of Appeals unanimously held the decision declaring the EdChoice Voucher Program unconstitutional.
McCarthy Lebit Of Counsel and lead counsel Mark Wallach, along with McCarthy Lebit attorney Lawrence Acton, and co-counsel Miriam Fair of Weston Hurd, successfully represented the plaintiffs in a landmark case challenging the constitutionality of Ohio’s EdChoice school voucher program in 2025.
In a decision issued today, October 15th, Judge David J. Leland wrote that the use of the term “EdChoice” is misleading, since the “choice” belongs to private schools, not students. Further, Judge Leland writes that the voucher program violates the Constitution by funding a separate school system, and being unavailable to rural Ohioans. Judge Leland also found that this competing private school system draws taxpayer funding away from public schools, and causes financial hardship to public schools by cherry-picking students.
Judge Leland writes “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…Participating non-public schools are subject to materially less extensive state oversight, they cherry-pick students from public schools, they are geographically isolated in Ohio’s urban centers, and they receive taxpayer funding in a manner that operates at the expense and detriment of Ohio’s public schools, and, consequently, the children who depend on those public schools for instruction, support, and opportunities that shape their future.”
With this holding, the court affirmed the decision of the Franklin County Common Pleas Court from 2025. Judges Kristin Boggs and Shawn Dingus concurred with this opinion.
To learn more about this case and the recent decision, follow the links below:
“Judge rules Ohio’s EdChoice private school voucher program unconstitutional,” Cleveland.com
“Ohio Court Strikes Down State School Voucher Program,” Forbes
“Judge rules Ohio EdChoice program is unconstitutional,” NBC4.com