TL;DR: On October 15, 2026, Ohio's Tenth District Court of Appeals agreed that EdChoice violates the state constitution, but it stayed its decision until the Ohio Supreme Court rules. Scholarships keep paying and new 2026-27 applications are still processed. For Cincinnati families the practical advice is to keep enrolling, keep filing, and build a backup layer of school aid and SGO money.
What did the appeals court decide about EdChoice on October 15, 2026?
A unanimous three-judge panel of the Tenth District, in an opinion by Judge David J. Leland, affirmed the Franklin County trial court's June 2025 ruling that EdChoice is unconstitutional. The panel relied on the Ohio Constitution's requirement of "a thorough and efficient system of common schools" and pointed to limited state oversight of participating schools, the program's thin reach in rural Ohio, the discretion private schools keep over admissions, and the strain on local school levies.
The case is Columbus City School District v. State of Ohio. The plaintiff coalition is led by the Columbus school board and includes the Cleveland Heights-University Heights, Richmond Heights, Lima and Barberton districts, the Ohio Coalition for Equity and Adequacy of School Funding, and parents. No Cincinnati-area district is a named plaintiff.
Does the ruling stop EdChoice payments for Cincinnati students?
No. Like the trial judge before it, the appeals panel stayed its order pending a judgment by the Supreme Court of Ohio. Attorney General Andy Wilson said there is no immediate impact, and the Diocese of Cleveland told its families the same thing the day the ruling came out. Awards already issued keep paying, and private schools are still filing 2026-27 applications, which run through June 30, 2027 at prorated amounts.
If you are enrolling a child mid-year, nothing about the process has changed. The private school still files the application after admission, you still provide a birth certificate, recent proof of address and the signed request form, and Expansion families still verify income. Because the application lands after October 14, the award is prorated for the weeks that remain, but the scholarship itself is no less secure than one awarded in August.
The scale of what is at stake is large. WOUB reported about 180,000 students in the program after its 2023 expansion, and Catholic World Report put state spending at almost $1.4 billion.
A short timeline of the EdChoice case
| Date | What happened | Effect on families |
|---|---|---|
| 2022 | A coalition of public school districts, a school-funding group and parents sues the state in Franklin County | None; program continues |
| 2023 | The legislature expands EdChoice so nearly every Ohio student can apply, with income-scaled awards | EdChoice Expansion opens to all K-12 families outside Cleveland |
| June 24, 2025 | Franklin County Common Pleas Judge Jaiza Page rules the program unconstitutional; the state appeals | Program allowed to keep operating during the appeal |
| October 15, 2026 | Tenth District Court of Appeals affirms, then stays its ruling pending the Ohio Supreme Court | No change; payments and applications continue |
| Next | The state and five parent families have said they will take the case to the Ohio Supreme Court | No decision date announced |
What the ruling is not
It is not a shutdown order. It is not the final word, because the Ohio Supreme Court has not heard the case. And it is not specific to Catholic or Christian schools: it covers traditional EdChoice and Expansion everywhere outside Cleveland, at independent, Jewish, Islamic and Montessori schools as much as parish schools.
It also does not touch College Credit Plus, which is funded separately, or the Ohio SGO tax credit that backs local scholarship funds such as the Catholic Education Foundation and CISE-SGO. The ruling addresses EdChoice; the Jon Peterson and Autism scholarships are separate programs.
What does the ruling mean for families at Cincinnati Catholic high schools?
For now, the same thing it means for everyone else: the $8,408 high school award keeps paying. The bigger question for high school families is concentration. A senior at a West Side or east-side Catholic high school often stacks EdChoice with the school's own aid and, at schools such as Seton, Mount Notre Dame or St. Ursula Academy, a school-specific SGO. If EdChoice ever ended, the SGO and school aid layers would carry far more weight, so it is worth knowing today what your school offers and when it takes applications.
College Credit Plus is a useful hedge for juniors and seniors because it is funded on its own track. Parents request the money in an OH|ID account between February 1 and April 1 for a full year, or by November 1 for spring courses.
How should a Cincinnati family plan for 2027-28?
Plan as if EdChoice continues, because under the stay it does, and keep a backup. Concretely: apply for EdChoice or Expansion as soon as your child is admitted; ask the school how it would handle a mid-year change if the Supreme Court ruled against the program; and file for need-based aid on the school's timeline, such as the Catholic Education Foundation's FACTS application for archdiocesan K-8 students, whose last deadline was February 28.
In 2025 the Archdiocese of Cincinnati said publicly that it believes EdChoice is constitutional and expects the case to end at the Ohio Supreme Court. Our EdChoice Expansion page and funding stack guide will be updated the day the court acts.
Frequently asked questions
What did the appeals court decide about EdChoice on October 15, 2026?
A unanimous three-judge panel of the Tenth District, in an opinion by Judge David J. Leland, affirmed the Franklin County trial court's June 2025 ruling that EdChoice is unconstitutional.
Does the ruling stop EdChoice payments for Cincinnati students?
No. Like the trial judge before it, the appeals panel stayed its order pending a judgment by the Supreme Court of Ohio.
How should a Cincinnati family plan for 2027-28?
Plan as if EdChoice continues, because under the stay it does, and keep a backup.
Related questions
- Who can apply for Expansion this year?
- Which local SGOs could fill a gap?
- How do Catholic school families layer their aid?
- Ohio vouchers in plain numbers
Sources
- WOUB: Ohio's K-12 EdChoice voucher program is ruled unconstitutional by an appeals court (Oct 15, 2026)
- Fox19: Ohio EdChoice program ruled unconstitutional by Court of Appeals. What happens now? (Oct 15, 2026)
- Catholic World Report: Ohio courts invalidate parental educational choice program (Oct 28, 2026)
- EdChoice: Appeals court rules against Ohio EdChoice program; parents will appeal
- WCPO: Ohio plans swift appeal after court declares voucher system unconstitutional (June 2025)
- The Catholic Telegraph: Archdiocese of Cincinnati on EdChoice and the court case