VHO Lawsuit: An Important Update on Appeals Court Case

January 13, 2026

Good Tuesday morning,

Yesterday, our attorneys, Miriam Fair and Mark I. Wallach, filed a reply brief in our lawsuit that is now before the Ohio 10th District Court of Appeals.

As you know, on June 24, 2025, Franklin County Judge Jaiza Page ruled the EdChoice voucher program unconstitutional on three of the five counts in our case.

Judge Page agreed with us that the EdChoice vouchers create a separate and unequal system of uncommon schools open to the few and increasingly privileged, and that the Ohio Constitution is clear that lawmakers shall create a single system of common schools open to all students for the common good.

Judge Page also ruled the state could not shortchange the public school system and not fund the Cupp Patterson Fair School Funding at a constitutional level at the same time lawmakers were ready to spend $1.7 billion on EdChoice vouchers in the next two years.

Judge Page also noted the Ohio Constitution is crystal clear when it says no religious schools should receive tax dollars intended for public schools.

Ohio Attorney General Dave Yost and intervenors, including lawyers hired by pro-voucher, anti-public school billionaires from out-of-state, appealed and responded with briefs that can only be classified as “weak tea.”

Yesterday, our lawyers took apart their lawyers’ arguments. You can read the reply brief filed by Fair and Wallachhere.

Just as importantly, our team asked the 10th District Court of Appeals to revisit our Count 5 in the case, which challenges the constitutionality of the EdChoice private school voucher program based on the Equal Protection clause in the Ohio Constitution.

Judge Page ruled in favor of the state and against us on this count.

“The state spends 3-4 times less for public education of (public school students) than it does for their private school counterparts via vouchers. The EdChoice program violates Article 1, Section 2, of Ohio’s Constitution; (public school) students ask this Court to reverse the trial court and grant them summary judgment on Count V,” Fair and Wallach wrote in their reply brief.

They go on to say: “And the right to choose public education cannot be conditioned on accepting 3-4 times less in per pupil funding for that education. In praising school choice, the legislature cannot punish the choice of public education, the only option it is constitutionally mandated to secure,” Fair and Wallach write.

Private schools receive $6,166 for K-8 students and $8,408 for high school students. Richmond Heights receives $1,530 for a student in state funding.

Fair and Wallach point out that the state is giving a $2,000 per pupil bonus to private schools for high school students because pro-voucher attorneys attest that private schools charge more for high school students.

What?

Public schools do not receive a similar bonus.

As Fair and Wallach point out, “either it costs more to educate high school students, or it doesn’t.”

This boils the blood a little, doesn’t it?

Is your district part of our historic lawsuit? Check here.

If not, why not? Learn more here.

Sincerely,

Vouchers Hurt Ohio