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Culture War Roundup for the week of October 12, 2026

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Court opinion:

  • Way back in year 1995, the Ohio govt. establishes a pilot school-voucher program exclusively for low-income families in the struggling Cleveland school district. Taxpayers sue, alleging that the pilot program violates the state constitution's requirement that the state govt. “secure a thorough and efficient system of common schools”. In year 1999, the state supreme court rejects that argument: “We fail to see how the School Voucher Program, at the current funding level, undermines the state's obligation to public education.”

  • Over the ensuing three decades, the state govt. gradually enlarges the school-voucher program. In 2005, it is expanded to school districts at the lowest performance rating statewide; in 2006, it is expanded to school districts at the second-lowest performance rating; in 2013, the performance-rating limits are completely eliminated; over the 2015–2022 period, the income limits are increased from low-income to moderate-income; and, in 2023, the income limits are completely eliminated.

  • Accordingly, in year 2026, a state appeals panel decides that the expanded program diverts taxpayer funds away from govt. schools to such an extent that it violates the state constitution.

    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. This system of uncommon schools violates the mandate of Ohio Const. art. VI § 2 to secure “a thorough and efficient system of common schools throughout the state”. Although statutes are entitled to a strong presumption of constitutionality, that presumption has been overcome here. Participating non-public schools are subject to materially less extensive state oversight, they cherry-pick students from public schools, they are geographically isolated in Ohio's urban centers, and they receive taxpayer funding in a manner that operates at the expense and detriment of Ohio's public schools, and, consequently, the children who depend on those public schools for instruction, support, and opportunities that shape their future.

    Whether the state supreme court will agree remains to be seen.

Of particular culture-war relevance is the part to which I have added emphasis above. I think it has already been noted on this website that govt. school districts in urban areas spend massive amounts of money for little gain. Here we see private schools proliferating in those same urban areas (implying that parents in those areas are champing at the bit to divert their tax money away from govt. schools), only to be stymied by the state constitution. (For context in reading the following quote, see the federal Census Bureau's official map of counties and urban areas, and recall previous criticism of the US's definition of "urban".)

Ohio's public schools satisfy the statewide requirement and exist in all 88 counties. The evidence in the record regarding EdChoice private schools, however, reflects a different geographic distribution. During discovery, ODEW [Ohio Dept. of Education and Workforce] provided a list of all EdChoice schools at which at least 75 percent of their students received EdChoice vouchers. The list contains the names of 154 private schools. Reviewing the list provided by ODEW, 67 of the 154 schools, or 44 percent, are located in just 3 counties: Cuyahoga [i. e., the major urban area of Cleveland], Franklin [Columbus], and Hamilton [Cincinnati]. In fact, Ohio's 16 “urban counties” are home to 89 percent of the schools contained on ODEW's list.

Evidence in the record shows that families in many rural counties have substantially fewer opportunities to use EdChoice vouchers. For instance, no school on the list is located in Northwest Ohio outside of Lucas [Toledo] and Allen [Lima] Counties. Only one school on the list is located in Southeast Ohio, and no school on ODEW's list is located in Marietta [urban area of 22,000 people as of 2020], Athens [27,000], Chillicothe [32,000], or Steubenville [65,000 in an urban area split between two states, 18,000 in city limits]. EdChoice and its expansions are funded through statewide tax revenue but are not accessible to many living in the rural parts of the state. In effect, EdChoice is subsidizing urban private schools with rural dollars.

Statistics for Ohio school districts as of 2025: 1 2

StatisticClevelandStatewide averageChillicothe
Students per mi24009396
Students32,0002,3002,400
Black students (%)61187
White students (%)136773
Instructional expenditure per student (k$/a)141110
Total expenditure per student (k$/a)262117
High-school test proficiency rate (%)393458
Total test proficiency rate (%)333152

Unless you compare the urban kids in private with the urban kids in public this table isn't helpful. Its also distorted by the racial makeup.