EdChoice scholarships remain unchanged in diocese despite appeals court ruling

Frank O’Linn, diocesan superintendent of schools, said there will be no changes to EdChoice scholarships in the Catholic Diocese of Cleveland this school year in the wake of today’s ruling by the Ohio 10th District Court of Appeals. The ruling affirms a lower court decision that EdChoice violates the Ohio Constitution.

EdChoice Traditional Scholarships provide students from qualifying public school districts the opportunity to attend participating private schools. The scholarship amount ranges from $6,166 for grades K-8 to $8,408 for grades 9-12.

“Despite the appeals court ruling, all EdChoice scholarships remain fully intact for the 2026-2027 school year and will continue pending the Ohio Supreme Court's review and final decision,” O’Linn said. “Attorneys defending the EdChoice program are very confident that the constitutionality of the program will prevail at the Ohio Supreme Court.” (Read the entire statement here; scroll down to "Latest News")

The appeals court in Franklin County unanimously sided with 300-plus public school districts that sued, alleging that EdChoice violated the state constitution by funding a separate school system with a lack of oversight that isn't available to rural students. Oral arguments were heard in May by a three-judge panel, David Leland, Kristin Boggs, and Shawn Dingus.

In today’s opinion, Leland wrote, “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.”

The ruling also said it is illegal for “drawing taxpayer money away from public schools” and “cherry-picking students from public schools, causing financial hardship.”

Brian Hickey, executive director for the Catholic Conference of Ohio, disagreed and echoed O’Linn’s comments.

“We remain confident the EdChoice program will prevail at the Ohio Supreme Court. Funding EdChoice scholarships for students is a matter of social justice, as it provides equal opportunities for all Ohio children, regardless of their zip code or income. It is also good public policy to encourage a stronger education system that ultimately benefits society and the common good,” he said.

“Unfortunately, some educators want to take away these scholarships and remove students from their school of choice. This does nothing to improve educational outcomes or satisfy parents who intentionally choose the best school for their child. Ohio legislators and public advocates should listen to families whose lives are transformed by these scholarships and not limit a child’s potential during some of their most formative years,” he added.

Hickey said Catholic schools, like other chartered nonpublic schools in Ohio, “work closely with the Department of Education and Workforce to adhere to state chartering requirements, including operating standards, teacher licensing, state audits and approved testing. This helps ensure that parents spend EdChoice scholarships at schools that are accountable to the state of Ohio.”

Ohio Attorney General Andy Wilson concurred, saying, “Although we are disappointed in the ruling, we appreciate that the court stayed its decision, so the EdChoice program will continue uninterrupted as we appeal to the Ohio Supreme Court. Families should not worry, as there is no immediate impact from the ruling.”

O’Linn said diocesan education officials are continuing to monitor the case and plan to support an appeal to the Ohio Supreme Court.