What the Constitution Says
The General Assembly shall make such provisions, by taxation, or otherwise, as… will secure a thorough and efficient system of common schools throughout the state.Ohio Constitution — Article VI, Section 2
This isn’t a suggestion. It’s a mandate. The word “shall” in constitutional law means must. The General Assembly is required to create a funding system that provides a thorough and efficient education to every child in the state — not just the children in wealthy districts, not just the children whose communities can pass levies, but every child.
For decades, Ohio has funded schools primarily through local property taxes. Wealthy communities generate more property tax revenue and can fund their schools at higher levels. Poor communities cannot. The result is a system where the quality of a child’s education depends on the value of the homes around them.
What the Supreme Court Found
Starting in 1991, a coalition of Ohio school districts filed suit arguing that this system violated the constitutional promise. The case — DeRolph v. State of Ohio — reached the Ohio Supreme Court four times.
The court rules 4–3 that Ohio’s school funding system is unconstitutional. It finds the system creates “vast wealth-based disparities” between districts and fails to provide the thorough and efficient education the constitution requires. Orders the legislature to design a new system.
The court reviews the legislature’s response and finds it insufficient. The fundamental problems remain. The court orders the legislature to try again with more urgency.
The court revisits the case and reaffirms that the system remains unconstitutional. The legislature has made incremental changes but has not addressed the structural reliance on property taxes that creates inequity.
In its final ruling, the court finds the system still unconstitutional but acknowledges it cannot force the legislature to act. The court retains jurisdiction but signals frustration at the legislature’s lack of compliance.
The Supreme Court relinquishes jurisdiction over DeRolph. Not because the problem was solved — but because the court had exhausted every tool at its disposal to force the legislature to comply. The constitutional violation stands. No branch of government is holding anyone accountable.
Then They Fixed It — Briefly
Twenty-four years after DeRolph I, the legislature finally passes a constitutional funding formula. The bipartisan Fair School Funding Plan — co-authored by Republican Bob Cupp and Democrat John Patterson — calculates the actual cost of educating a student and distributes state funding based on district need. A six-year phase-in begins. Both parties vote yes. For the first time, Ohio has a real answer to the Supreme Court’s order.
Then They Broke the Promise Again
The legislature funded the Fair School Funding Plan for two years. Then they stopped. By FY2025, the formula was abandoned entirely — replaced with flat increases that don’t keep pace with rising costs. The six-year phase-in was never completed. In the same budget cycles, the legislature tripled spending on private school vouchers to over $1 billion per year.
The constitutional funding formula exists in law. The money to fund it does not. The gap between what the FSFP promises and what schools actually receive is approximately $3 billion.
The promise was made. It was kept for two years. It was broken again.
The EdChoice Ruling
In June 2025, a Franklin County judge rules Ohio’s EdChoice voucher program unconstitutional — finding that it diverts public education funding to private schools that use alternative assessments instead of state standardized tests, have no obligation to disclose how voucher funds are spent, and set their own admissions criteria. The case is expected to reach the Ohio Supreme Court by 2027. Over 330 school districts have joined the lawsuit.
Two different courts. Two different decades. The same conclusion: Ohio is not meeting its constitutional obligation to fund public education.