Ohio Voucher Program Ruled Unconstitutional
Families in Ohio districts should watch local budgets as the state appeals and local taxpayers absorb a larger share of school funding.
Updated on Nov. 3, 2026 in Secondary Education
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The Ohio Tenth District Court of Appeals ruled the Ed-Choice Scholarship Program unconstitutional, and the state of Ohio plans to appeal the decision. The program provides scholarship funding for eligible students to attend participating private and parochial schools.
Why it matters
The court found the program diverts public money to schools without publicly elected boards or public audits, and that shift comes as the state's share of public education funding has fallen from about 46% to about 32%. That leaves more of the financial burden on local taxpayers in Ohio, including families whose districts depend on state aid.
The appellate court ruling applies to the Ed-Choice Scholarship Program, which is currently funded at about $3 billion this year. The Salem school board discussed the ruling at its October 2026 meeting.
The players
Ohio Tenth District Court of Appeals
The appellate court that ruled the Ed-Choice Scholarship Program unconstitutional, a decision that affects how public education dollars reach private and parochial schools.
State of Ohio
The state government that funds public education and runs the Ed-Choice Scholarship Program, and which plans to appeal the ruling.
The details
The court ruled the program unconstitutional because it sends public funds to schools that lack publicly elected boards and public audits. The ruling does not end the program on its own, since the state plans to appeal and the appeal process will continue over the next few months. Local districts such as Salem are already adjusting their budgets while that legal question is pending.
Timeline
The appellate court ruling came in the week before the October 2026 board meeting.
The Salem board discussed the ruling at its October 2026 meeting.
The LLA Therapy agreement runs from July 1, 2026 to June 30, 2027.
The Salem board's next meeting is Nov. 9 at 7 p.m.
The Home Front
The ruling sits within a broader pattern in which the state's share of public education funding has shrunk from about 46% to about 32%, shifting costs onto local property taxpayers. Ohio families are seeing that shift in district budgets even as the voucher program's legality is contested.
If you have a child in a district that depends on state funding, check your district's budget updates at the next board meeting. Keep your property tax notices on file, since local tax burdens are rising as state funding shares fall.
The takeaway
The ruling leaves Ohio's school funding picture unsettled while the state pursues an appeal. Families should watch local board agendas closely, since district budget decisions are where the funding shift becomes visible at home.
What happens next
The state's appeal will continue over the next few months, and the Salem school board's next meeting is Nov. 9 at 7 p.m.
Further reading
For context on how these scholarships affect high school choices, see Secondary Education coverage in Ohio.
Source note: This article includes information reported by Salemnews.
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