COLUMBUS, Ohio (VINnews) — Ohio’s 10th District Court of Appeals upheld a lower court ruling that the state’s EdChoice scholarship program is unconstitutional, prompting criticism from school choice advocates who say the program protects parents’ right to determine their children’s education.

Agudath Israel of Ohio strongly disagreed with the decision, expressing confidence that the program will ultimately be upheld on appeal.

“While we are disappointed by today’s ruling, we remain confident that EdChoice will ultimately be upheld,” said Rabbi Yitz Frank, executive director of Agudath Israel of Ohio. “For tens of thousands of children across Ohio, these scholarships make an enormous difference in helping families access the education of their choice.”

Frank said Agudath Israel has played an active role in advocating for and expanding the program and would continue working to defend it.

The EdChoice program provides scholarships of up to $8,400 for eligible students to attend nonpublic schools of their families’ choice. Agudath Israel said every child in Ohio is eligible for a scholarship under the program.

The organization emphasized that the court’s decision does not immediately end the program and that families can continue using their scholarships while the legal process moves forward.

The case is expected to be appealed to the Ohio Supreme Court.

Supporters argue that school vouchers give parents greater freedom to choose an education that fits their children’s needs, including religious education. Critics contend that public funding for private schools undermines the state’s public education system.

The appeals court’s ruling marks another development in the legal dispute over the use of public funds for private school tuition.