In 1997, the Ohio Supreme Court ruled that the way Ohio funds its public schools is unconstitutional. The Ohio Constitution requires the General Assembly to “secure a thorough and efficient system of common schools throughout the state.” The court found the state had failed that obligation — relying too heavily on local property taxes and creating massive inequity between wealthy and poor communities.
The court ordered the legislature to fix it. They ruled the same way four times — in 1997, 1999, 2000, and 2002. The legislature never fully complied. In 2006, the court gave up trying to enforce its own rulings. The constitutional violation has never been resolved.
That’s where this timeline begins.
In DeRolph v. State of Ohio, the court finds that Ohio’s reliance on local property taxes to fund schools violates the state constitution. Orders the legislature to create a new funding system.
The court finds the legislature’s response inadequate. Orders them to try again. This is the fourth time the court has addressed the case. The legislature still does not produce a constitutional funding system.
The legislature creates the Educational Choice Scholarship Program. Vouchers are limited to students assigned to low-performing public school buildings. Presented as helping kids escape failing schools.
Cost: ~$19 million/yearThe court relinquishes jurisdiction over DeRolph, stating it has done everything within its power. The constitutional mandate to fix school funding goes unenforced. No branch of government is now holding the legislature accountable.
A new income-based voucher program is added. Limited to grades K–4 and families below 200% of the federal poverty level (~$49,000 for a family of four). Expands one grade level per year. Small, targeted, and relatively affordable.
Cost: under $20 million/yearFor the first time in 24 years, Ohio adopts a constitutional school funding formula. The bipartisan Fair School Funding Plan passes with support from both parties. A six-year phase-in begins. This is the fix the Supreme Court ordered in 1997.
The promise kept — brieflyThe legislature removes all income limits. Every Ohio family now qualifies for a voucher — regardless of income. A family earning $350,000 per year gets a state-funded scholarship for private school. Spending triples in a single year. 95% of new vouchers go to families whose children were already enrolled in private school.
Cost jumps from $124 million to $405 million in one yearThe legislature abandons the FSFP formula after just four years of a six-year phase-in. Replaces it with flat funding increases that don’t keep pace with costs. The bipartisan fix is dead. Total voucher spending exceeds $1 billion for the first time.
Voucher spending: >$1 billion/year | FSFP gap: ~$3 billionThe state budget caps school district cash reserves at 40% of annual expenditures — forcing districts to spend down the savings that would help them survive lean years. The same bill includes a provision forcing districts that fall below 60% enrollment to sell buildings and assets at below-market value.
A bill is introduced that would defund any school district participating in the lawsuit challenging EdChoice’s constitutionality. Over 330 districts have joined that lawsuit. The message is clear: challenge the system and lose your funding.