School choice in Ohio has taken a big hit. On Thursday, a panel of the state's 10th District Court of Appeals unanimously ruled the state's Educational Choice Scholarship, or EdChoice, program unconstitutional.

Vouchers Hurt Ohio (VHO), a coalition of public school districts, banded together in 2022 to sue the state over the EdChoice program, which uses public funds to finance scholarships for K-12 students to attend private schools. Under EdChoice's "Traditional Plan," which has been around since 2005, students can receive annual scholarships as high as $6,166 for elementary and middle school and $8,408 for high school. The scholarship's "Expansion Program," which state lawmakers created in 2013, awards maximum scholarship amounts identical to the Traditional Plan, "but scale based on a family's income," according to EdChoice, an educational freedom nonprofit. The organization says the scholarship program supports more than 100,000 Ohio families.   

The VHO argues that the EdChoice scholarship program drains funding from the public school system, depriving Ohio students of much-needed resources. Its website states "private school vouchers create a system of state-funded discrimination" and that school choice is a "myth." Interestingly, the Court of Appeals of Ohio's 10th Appellate District largely concurred.

The court's ruling came down to Article VI, Section 2 of the Ohio Constitution, which says that the state must secure a "thorough and efficient system of common schools."

The panel held that the EdChoice voucher program violates this mandate by funding a "competing system of uncommon schools." Writing for the court, Judge David Leland took the argument further, contending that EdChoice schools "actually end up depriving families of choice." He cited private schools' selective admissions process and urban concentration, calling the defendants' appeals to choice "a fundamental misnomer," because the choice to admit students rests with the schools, not the families.

Keith Neely, an attorney at the Institute for Justice who represents families using EdChoice in the case, argues that the program funds families rather than a competing school system.

He also challenges the court's rationale that the state's obligation to fund public schools implicitly prohibits them from funding other forms of education. "I think that's just fundamentally wrong as a matter of constitutional interpretation and also just as a matter of public understanding," he tells Reason.

The court "seemed to take the view that any dollar spent on other educational programs like scholarships is a dollar that could be spent on public schools instead, but that's not how budgeting works," he says. 

Neely says that public education funding is separate from the scholarship program and that every funding decision has tradeoffs. If the court finds that EdChoice's school voucher program violates the state's obligation to fund public schools, what stops it from reaching the same conclusion for other programs, like the Jon Peterson Special Needs Scholarship or the Cleveland Scholarship program, which provides private school tuition scholarships for K-12 students living in the Cleveland Municipal School District?

Neely also points to Simmons-Harris v. Goff (1999), where the Ohio Supreme Court partially reversed a lower court's ruling and found that school choice was constitutional under the same public-education clause. The court invalidated the Cleveland scholarship program in question, finding that it was "improperly enacted by the legislature," according to the Institute for Justice. However, the Ohio Legislature later reenacted the program.

The families using the EdChoice scholarship program—as well as the state's attorney general—plan to appeal to the Ohio Supreme Court, and Neely is optimistic that history will repeat itself in this case. He tells Reason, "When you look at what the Constitution says, and you look at what the court said in Simmons-Harris, I think the only conclusion that the Ohio Supreme Court can walk away with is that programs like the Educational Choice Scholarship program are constitutional." Families will be able to keep their scholarships while the litigation is pending.

This case is just one battle in a nationwide war on school choice. A recent report from Reason Foundation, the nonprofit that publishes Reason, found that 80 percent of public-school students live in states with "weak or ineffective open enrollment laws." These laws "allo[w]  students to transfer to public schools other than their residentially assigned one, provided space is available," writes Jude Schwalbach, senior policy analyst at Reason Foundation. Several states are also holding out against the Education Freedom Tax Credit, a new federal tax credit that offers a dollar-for-dollar tax refund for donating to K-12 scholarship programs. 

The court's decision reflects the broader rationale fueling that opposition: that education dollars going to anything other than public schools are taken from ordinary students. For decades, policymakers have invested in that premise, yet student outcomes have little to show for it. The real myth isn't school choice; it's that giving families more options means betraying students' education.

The post Ohio Court Strikes Down a Scholarship Program That Supports More Than 100,000 Families appeared first on Reason Magazine.

​Three Charlotte cops have resigned and three more are facing termination after a Flock probe uncovered a text chain littered with racist messages, religious and sexual bias and a reported competition over who could arrest the most black people.

The group chat came to light after Charlotte-Mecklenburg Police Department (CMPD) officer Seth Elliott was caught using Flock's database to out an undercover cop to his drug dealer friend, which sparked an investigation by the North Carolina State Bureau of Investigation (NCSBI).

When questioned by the NCSBI, Elliott, who has since resigned, admitted he ran the plate but denied knowing that it belonged to an undercover officer. He told agents that his friend had reached out to ask if Elliott could help identify a strange person hanging out around his father's business, so Elliott ran the plate through Flock's database.​ According to reporting from the Watauga Democrat, the NCSBI arrested Elliott in July and charged him with " illegally accessing a government computer, a Class 1 misdemeanor."

During its investigation into Elliott, the NCSBI downloaded data from his phone, which it turned over to the CMPD, where a subsequent review uncovered the racist text thread. ​According to anonymous sources who spoke to Charlotte's WBTV, the group chat included "numerous uses of the 'n-word' related to use of force and discharging firearms at black residents," and a competition to see who could arrest the most black people. In one text reportedly written by a member of the group, an officer said, "Our texts sound like a clan [sic] rally," according to a message reviewed by WCNC Charlotte, a local NBC affiliate. At a press conference on Thursday, CMPD Police Chief Estella Patterson said that an independent chain-of-command board unanimously voted for the officers' termination. Three have already resigned and the other three she "hopes to refer to as former employees."

The fallout won't end there. Every case these officers touched could now be called into question, and for good reason. In Giglio v. United States (1972), the Supreme Court ruled that prosecutors must disclose information that could undermine the credibility of a government witness or law enforcement officer. Mecklenburg County District Attorney Spencer Merriweather will have to examine the messages and determine whether their word as witnesses can still be trusted. Depending on his decision, this could lead to dropped cases and challenges to prior convictions.

Defense attorney Tim Emery weighed in, telling WBTV that the officers' "credibility is severely questioned and compromised," and that the district attorney's office should consider halting cases in which the officers were heavily involved.

Police abuse of Flock and other automatic license plate readers (ALPRs) is not new. The Institute for Justice, a libertarian public interest law firm, has cataloged over 200 instances of ALPR abuse at the hands of the police since 2018. In the last year alone, officers have been caught using ALPRs for everything from pursuing personal grudges to stalking exes and romantic interests. This time, the victim of Flock misuse was an undercover officer rather than a civilian.

The post 3 Charlotte Cops Resign After Group Chat Reveals Competition To Arrest the Most Black People appeared first on Reason Magazine.