TL;DR: On October 15, 2026 a three-judge panel of Ohio's Tenth District Court of Appeals agreed that EdChoice violates the state constitution, but it put its own ruling on hold. The state is appealing to the Ohio Supreme Court, so scholarships keep flowing to Columbus families while the case moves up. Nothing about this year's application, award amounts or deadlines has changed.
What did the Tenth District decide about EdChoice on October 15, 2026?
The appeals court, which sits in Columbus and hears cases from Franklin County, ruled unanimously that the EdChoice voucher program is unconstitutional. Judge David Leland wrote that it conflicts with the Ohio Constitution's mandate for a single system of public education. The decision upheld the conclusion Franklin County Common Pleas Judge Jaiza Page reached in June 2025, after a coalition of public school districts sued the state.
The panel also stayed its decision. That stay is the part that matters for a family deciding about January enrollment: the ruling has no effect on payments while the appeal is pending. Ohio's Attorney General, Andy Wilson, said the program "will continue uninterrupted" and that the ruling has "no immediate impact."
Can Columbus families still apply for EdChoice for 2026-27?
Yes. The 2026-27 window for both traditional EdChoice and EdChoice Expansion opened February 1, 2026 and runs through June 30, 2027. The only timing rule that changed this month is one that was always on the calendar: applications submitted after October 14, 2026 receive a prorated award based on how much of the school year is left once the child enrolls.
The amounts are also unchanged. The maximum remains $6,166 for kindergarten through 8th grade and $8,408 for grades 9-12. Households at or below 450% of the poverty guideline, which is $148,500 for a family of four, receive the full amount through EdChoice Expansion. Use our EdChoice Expansion calculator to see where your income lands.
How big is EdChoice, and why is Franklin County at the center of it?
Ohio spent about $776 million on its two EdChoice programs in fiscal 2025: $492.7 million on EdChoice Expansion and $283.1 million on traditional EdChoice, covering more than 140,000 students. Central Ohio is one of the program's anchors. Of the 154 private schools statewide where at least three-quarters of students use vouchers, 44% are in Cuyahoga, Franklin and Hamilton counties.
The case itself also runs through Columbus. It was filed in Franklin County, heard by the Columbus-based appeals court, and will be argued at the Ohio Supreme Court downtown.
| Date | Step in the EdChoice case |
|---|---|
| June 2025 | Franklin County Common Pleas Judge Jaiza Page rules EdChoice unconstitutional |
| July 2025 | The state appeals to the Tenth District Court of Appeals |
| May 2026 | The Tenth District hears oral arguments |
| October 15, 2026 | Unanimous Tenth District ruling against EdChoice, stayed pending appeal |
| Next | State's appeal to the Ohio Supreme Court; program continues meanwhile |
What the ruling is not: does it cancel scholarships already awarded?
No. A stayed ruling is not an order to stop paying. It does not cancel current awards, does not block new 2026-27 applications, and does not change the amounts. It also does not touch Ohio's other scholarship programs that were not part of this challenge, such as the Jon Peterson Special Needs Scholarship and the Autism Scholarship, which families of children with IEPs use for tuition and services.
It is also not the final word. The Ohio Supreme Court will decide whether the lower courts were right, and its timetable is not set. Families should plan for this school year and next on the program as it exists, while keeping an eye on the case.
What happens next at the Ohio Supreme Court?
The state has said it will ask the Ohio Supreme Court to review the case, and Governor Mike DeWine said it was always expected to end up there. The court has not announced a schedule. Until it rules, the Tenth District's stay keeps the program running, and any eventual decision could take effect immediately or on a delay the court sets. Supporters of the program, including the Ohio Christian Education Network, have said they expect the high court to reverse. For families, the practical point is simpler: the scholarship you are awarded for 2026-27 is being paid, and the 2027-28 application window will be announced by DEW on its usual pages. We will post any change on our EdChoice Expansion page the day it happens.
How should a Columbus family plan around the appeal?
Treat the scholarship as one layer, not the whole plan. Ask each school three questions: what tuition is after EdChoice, what need-based aid it offers, and whether a scholarship granting organization funds awards there. In the Diocese of Columbus, for example, families apply for diocesan tuition assistance through FACTS by March 15, and the Emmaus Road Scholarship Fund adds a privately funded pool.
If your household is at or below 200% of poverty, verify your income with the state. Families with that low-income status cannot be charged tuition beyond the scholarship. And make sure the school is state-chartered before you enroll: only chartered nonpublic schools take EdChoice students. Our Central Ohio school directory flags the charter status of every school we list.
Frequently asked questions
What did the Tenth District decide about EdChoice on October 15, 2026?
It ruled unanimously that EdChoice is unconstitutional, agreeing with Franklin County Judge Jaiza Page, and stayed its own ruling while the state appeals.
Can Columbus families still apply for EdChoice for 2026-27?
Yes. The window runs through June 30, 2027, at the same amounts, with awards prorated for applications after October 14, 2026.
Does the ruling cancel scholarships already awarded?
No. The stay means current awards, new applications and amounts are unaffected until the Ohio Supreme Court acts.
What happens next at the Ohio Supreme Court?
The state is asking the Ohio Supreme Court to review the case; no schedule has been set, and the stay keeps EdChoice running until it rules.
How should a Columbus family plan around the appeal?
Use EdChoice as one layer, ask each school about aid and SGO scholarships, verify low-income status if it applies, and confirm the school is chartered.
Related questions
- How much is EdChoice Expansion at our income?
- What does EdChoice cover?
- Which Central Ohio schools are chartered?
- EdChoice Expansion: who qualifies
Sources
- Daily Signal: Ohio's EdChoice ruled unconstitutional, allowed to continue (Oct 16, 2026)
- Fortune: Ohio court ruling against $776 million in vouchers (Oct 20, 2026)
- WYSO: EdChoice ruled unconstitutional, but case is far from over (June 24, 2025)
- Daily Signal: Ohio's school choice program moves through the courts (May 15, 2026)
- Ohio DEW: 2026-2027 EdChoice Expansion fact sheet