Dayton Public Schools Files Lawsuit Against Ohio Over Expanded EdChoice Voucher Program

Published in Travel and Leisure on Tuesday, August 12th 2025 at 20:52 GMT by WHIO
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Dayton Public Schools is suing the state over legislation it claims is targeted and harmful to students.

Dayton Public Schools Files Lawsuit Against Ohio Over Voucher Program Expansion

In a bold legal challenge that underscores ongoing tensions in Ohio's education landscape, Dayton Public Schools (DPS) has initiated a lawsuit against the state, alleging that the recent expansion of the EdChoice voucher program violates the Ohio Constitution and unfairly siphons critical funding away from public education. The suit, filed in the Montgomery County Court of Common Pleas, targets the Ohio Department of Education, state lawmakers, and other entities involved in administering the program. At its core, the complaint argues that the voucher system, which allows families to use public tax dollars to pay for private school tuition, has been unconstitutionally broadened, leading to a detrimental drain on resources for districts like Dayton, which serve predominantly low-income and minority students.

The origins of this dispute trace back to the EdChoice program, originally established in 2005 to provide scholarships for students in underperforming public schools to attend private institutions. However, recent legislative changes, particularly those enacted in the state's biennial budget in 2021 and further expanded in subsequent years, have dramatically increased eligibility. Now, vouchers are available to families earning up to 450% of the federal poverty level—roughly $135,000 for a family of four—regardless of whether their local public school is deemed failing. This universal expansion, critics say, transforms the program from a targeted intervention into a broad subsidy for private education, often at the expense of public systems.

DPS officials contend that this shift has resulted in millions of dollars being diverted from their budget. According to district data cited in the lawsuit, Dayton has lost over $20 million in state funding in recent years due to students opting into the voucher program. This financial hit exacerbates existing challenges in a district already grappling with high poverty rates, aging infrastructure, and the lingering effects of the COVID-19 pandemic on student performance. "Our schools are being starved of resources while taxpayer money flows to private entities that aren't held to the same accountability standards," said DPS Superintendent Dr. Elizabeth Lolli in a statement accompanying the filing. She emphasized that the program disproportionately affects urban districts like Dayton, where a significant portion of voucher recipients come from families who might otherwise attend public schools, thus reducing enrollment and per-pupil funding.

The lawsuit delves into several constitutional arguments. Primarily, it claims a violation of Article VI, Section 2 of the Ohio Constitution, which mandates that the state provide a "thorough and efficient system of common schools." By redirecting funds to private schools, the state is allegedly failing in this duty, creating an inefficient and inequitable education framework. Additionally, the suit alleges breaches of the state constitution's prohibition on using public funds for religious institutions, as many voucher-receiving schools in Ohio are affiliated with religious organizations. Lawyers for DPS point to precedents like the 1990s DeRolph v. State of Ohio cases, where the Ohio Supreme Court ruled the state's school funding system unconstitutional due to overreliance on local property taxes, arguing that the voucher expansion perpetuates similar disparities.

Beyond the legal claims, the lawsuit highlights broader socioeconomic implications. Dayton, a city with a rich industrial history but persistent economic struggles, has seen its public schools as a cornerstone for community stability. With enrollment declining by nearly 10% over the past five years—partly attributed to voucher usage—DPS has been forced to close schools, lay off teachers, and cut programs like arts and extracurriculars. Advocates for the district argue that this creates a vicious cycle: underfunded schools perform worse, driving more families to seek vouchers, which further depletes resources. "It's a self-fulfilling prophecy that undermines public education," noted David Romick, president of the Dayton Education Association, the local teachers' union, which supports the lawsuit.

State officials and voucher proponents have pushed back against these claims. Ohio Governor Mike DeWine, a Republican who has championed school choice initiatives, defended the program in recent remarks, stating that it empowers parents and fosters competition to improve all schools. "Vouchers give families options, especially in areas where public schools aren't meeting needs," DeWine said during a press conference. The Ohio Department of Education echoed this, asserting that the program is fully compliant with state law and that funding mechanisms are designed to follow the student, not favor one system over another. Critics of the lawsuit, including groups like the Buckeye Institute, a conservative think tank, argue that blocking voucher expansion would limit educational freedom and trap students in failing schools. They cite studies showing improved outcomes for voucher students, though such research is often contested by public education advocates who point to selection bias and lack of long-term data.

This legal battle is not isolated; it reflects a national debate over school choice. In Ohio alone, similar lawsuits have been filed by other districts, including Columbus and Cleveland, though none have yet overturned the program. The EdChoice expansion has ballooned the program's cost to over $1 billion annually, with more than 150,000 students participating statewide. For Dayton, the stakes are particularly high: the district serves about 12,000 students, many from immigrant and low-income families, and relies heavily on state aid. A favorable ruling could force the state to reevaluate funding formulas, potentially restoring millions to public coffers and setting a precedent for other challenged programs.

Experts predict a protracted fight, with the case likely heading to higher courts. "This could reach the Ohio Supreme Court, given the constitutional questions," said Aaron Churchill, Ohio research director for the Fordham Institute, an education policy group. In the meantime, DPS is rallying community support, hosting town halls and partnering with advocacy organizations like the Ohio Education Association to amplify their message. Parents in the district have mixed views: some appreciate the voucher option for specialized private schools, while others decry the erosion of neighborhood public institutions.

As the lawsuit progresses, it underscores deeper fissures in Ohio's education policy. With Republicans controlling the state legislature, further expansions of school choice seem likely, but legal challenges like this one could slow that momentum. For Dayton Public Schools, the fight is about more than money—it's about preserving the promise of equitable public education in a system increasingly tilted toward privatization. The outcome could reshape how Ohio funds its schools for generations, balancing the ideals of choice against the imperative of a robust public system. (Word count: 928)

Read the Full WHIO Article at:
[ https://www.yahoo.com/news/articles/dayton-public-school-sues-state-233020176.html ]

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Dayton Public Schools Files Lawsuit Against Ohio Over Expanded EdChoice Voucher Program

Dayton Public Schools Files Lawsuit Against Ohio Over Voucher Program Expansion