Monopolies Hurt Ohio (Vouchers Help)

On January 4, five public school districts, two families, and the Ohio Coalition for Equity and Adequacy of School Funding filed a complaint in the Franklin County Common Pleas Court that argues the Traditional EdChoice and EdChoice Expansion programs offend the Ohio Constitution.

This lawsuit has been discussed by anti-school choice groups for months, including a group called "Vouchers Hurt Ohio" and it is not a surprise that the coalition filed the complaint. To summarize the argument, the parties allege that the State of Ohio does not adequately fund public education to secure a “thorough and efficient system of common schools throughout the state” (Article IV, Section 2 of the Ohio Constitution) and therefore the State should not allow for the EdChoice programs to continue. The complaint, interestingly, does not address the Jon Peterson, Autism, or Cleveland Scholarship programs.


Some experts have already weighed in that the district's arguments may not be particularly strong from a legal standpoint. It is important to note that the U.S. Supreme Court has already favorably addressed educational voucher programs, namely in the 2002 Zelman v. Simmons-Harris that affirmed the legality of the Cleveland scholarship (voucher) model on which EdChoice is based, and the more recent Espinoza v. Montana in 2020. This suit's filing while Ohio political candidates gear up for an election cycle that promises unusually high interest in education policy is suspicious, to say the least.


Nevertheless, the Bishops, Catholic Conference of Ohio, and Catholic dioceses are, of course, taking it quite seriously and will be as helpful as possible to assist in this action against the state of Ohio. Furthermore, the Institute for Justice, a public interest law firm of national renown, is intervening to defend the scholarship programs, led by attorney Michael Bindas, who successfully litigated Espinoza and is leading Carson v. Makin, currently in the U.S. Supreme Court.


And you can help! Now is a fine time to let your voice be heard in support of school choice in Ohio by writing an op-ed or communicating on social media.


Below this are a few articles of interest should you wish to read further on the case and related policies, and I will continue to provide information in this space as the Catholic Conference of Ohio coordinates strategy with other allies in the fight for school choice. It is probable that this complaint will be decided and appealed to exhaustion, likely to the Ohio Supreme Court, which could be a lengthy process taking well over a year to unfold. During that time, nothing will change in the way we are currently operating and receiving EdChoice funds.


With your help, we will continue to promote parental school choice as a fundamental right of parents, which has long been the position of the Catholic Church. Currently 92% of this diocese's Catholic schools participate in one or more state scholarship programs, which enable more than 14,000 students to choose a Catholic school. For more information on the Diocese of Cleveland's rationale for state scholarships and policies, see our guide Truly Free to Choose.


Articles of Interest


The Thomas B. Fordham Institute's Jessica Poiner analyzes constitutional arguments in the recent filings.

https://fordhaminstitute.org/ohio/commentary/anti-voucher-lawsuit-misses-mark-its-constitutional-arguments


The Thomas B. Fordham Institute's Aaron Churchill clarifies misrepresentations about school funding argued by proponents of the suit.

https://fordhaminstitute.org/ohio/commentary/edchoice-lawsuit-twists-truth-about-school-funding-ohio


Op-ed in the Columbus Dispatch from Attorney David Hodges, part of the team from the Institute for Justice that is intervening in the case on behalf of Ohio families.

https://news.yahoo.com/attorney-ohio-kids-merely-income-111506215.html


And this piece from me -- the two biggest changes since I penned this op-ed two years ago are, first, that vouchers are now directly funded by the state (no longer a "deduct" from local districts) and, second, that thousands more families are availing themselves of school choice when they have the opportunity.

https://www.cleveland.com/opinion/2020/02/school-choice-and-the-vouchers-that-help-make-it-possible-are-for-the-public-frank-olinn.html


How to Write an Op-Ed Column


See this handy resource from Harvard's Kennedy School of Government for tips and other resources:

https://projects.iq.harvard.edu/files/hks-communications-program/files/new_seglin_how_to_write_an_oped_1_25_17_7.pdf

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