A contentious legislative proposal in Ohio is creating a new flashpoint in the ongoing battle over school funding. State Representative Jamie Callender has introduced a bill that would financially penalize public school districts involved in a lawsuit challenging the state's private school voucher system, a move that critics are calling unconstitutional and an attempt to silence dissent.
The legislation, House Bill 671, initially sought to withhold all state funding from districts participating in the lawsuit. While Rep. Callender has since revised his stance to only target funds used for legal fees, the proposal continues to draw sharp criticism from a coalition of over 330 public school districts who argue the state's voucher program is draining essential resources from public education.
Key Takeaways
- An Ohio bill proposes to penalize public schools for funding a lawsuit against the state's EdChoice voucher program.
- A coalition of over 330 school districts, known as Vouchers Hurt Ohio, is challenging the program's constitutionality.
- The EdChoice program is projected to divert $1.7 billion in taxpayer funds to private schools over the next two years.
- A Franklin County judge has already ruled the program unconstitutional, but the state is appealing the decision.
The Heart of the Conflict: House Bill 671
The legislative battle centers on a lawsuit filed by Vouchers Hurt Ohio, a large coalition of public school districts. Their legal challenge targets the state's EdChoice program, which provides taxpayer-funded vouchers for students to attend private schools.
Representative Jamie Callender's proposed House Bill 671 is seen by opponents as a direct response to this lawsuit. The bill's initial version threatened a complete cutoff of state funds for any district involved. Callender later amended his proposal, stating the bill would now only withhold the specific amount of money districts are paying in legal fees to fund the lawsuit.
Despite the change, opponents argue the bill's intent remains punitive and unconstitutional. They contend that it infringes on the right of school districts to seek legal recourse and challenge state laws they believe are harmful to public education.
By the Numbers
The EdChoice voucher program is set to cost Ohio taxpayers approximately $1.7 billion over the next two fiscal years. This funding is redirected from the public school system to subsidize private school tuition for eligible students.
A Legal Battle Over Constitutionality
The lawsuit brought by the school districts has already seen a significant development. In June 2025, Franklin County Judge Jaiza Page delivered a ruling that declared the EdChoice program unconstitutional. However, the legal fight is far from over, as the state has filed an appeal to overturn this decision.
Critics of Rep. Callender's bill argue that it attempts to sidestep this judicial finding. They believe the legislature should be focused on addressing the constitutional issues raised by the court rather than penalizing the districts that brought the issue to light.
"The bill will still penalize school districts and continues to be unconstitutional. Whether it is a dime or $1 million, it's unconstitutional," stated Eric Brown, former chief justice of the Ohio Supreme Court. "The legislature should be listening to Judge Page, and address the unconstitutional EdChoice private school voucher program that is siphoning away $1.7 billion from underfunded, shortchanged public schools and public school children."
Brown, who also served on the Columbus City Schools Board of Education, emphasizes that any financial penalty, regardless of size, represents an unconstitutional legislative overreach.
The Coalition's Stance
Leaders of the Vouchers Hurt Ohio coalition have been vocal in their opposition to both the EdChoice program and the new legislative proposal. They reject the notion that their lawsuit is a frivolous use of taxpayer money.
What is the EdChoice Program?
The Ohio Educational Choice Scholarship (EdChoice) Program provides students from underperforming public schools, as well as those from lower-income households, with state-funded scholarships to attend participating private schools. Proponents argue it gives families more educational options, while opponents claim it unconstitutionally diverts public funds to private, often religious, institutions and weakens the public school system.
William L. Phillis of Vouchers Hurt Ohio and the Ohio Coalition for Equity & Adequacy of School Funding defended the lawsuit as a necessary action to protect public education.
"Rep. Callender presents his proposed legislation as though the coalition is somehow wasting school funds, using it on frivolous litigation. Our lawsuit uncovered a blatant problem in the way state lawmakers continue to inadequately and inequitably fund our public schools," Phillis stated. "State lawmakers should be appreciative that we have uncovered this unconstitutional issue so they can fix it."
Widespread District Involvement
The coalition's membership spans the state, indicating a broad base of concern among public education administrators. Since 2021, numerous districts have joined the effort, including several in the Mahoning Valley. These districts have committed resources to the legal challenge, viewing it as an investment in the long-term health of their schools.
A partial list of participating Mahoning Valley districts includes:
- Poland Local Schools
- Liberty Local Schools
- Springfield Local Schools
- South Range Local Schools
- Youngstown City School District
The involvement of these and over 300 other districts underscores the widespread belief that the EdChoice program poses a significant financial threat to their ability to serve all students. They argue that as more public money flows to private institutions, public schools are left with fewer resources to educate the majority of Ohio's children, including those with the greatest needs.
The Path Forward
The future of both the EdChoice program and House Bill 671 remains uncertain. The state's appeal of Judge Page's ruling will proceed through the court system, a process that could take a significant amount of time. Meanwhile, Rep. Callender's bill will need to move through the legislative process, where it will likely face strong opposition.
The core of the debate revolves around two fundamentally different visions for education in Ohio. One side advocates for a system of school choice supported by public funds, believing it fosters competition and provides better options for families. The other side argues for the constitutional obligation to fully and equitably fund a system of common public schools, viewing vouchers as a threat that undermines this foundational principle.
As this debate continues in courtrooms and the statehouse, Ohio's public school districts find themselves fighting a battle on two fronts: one to secure what they see as adequate funding, and another against legislative measures they view as retaliation for standing up for their interests.
