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Upper Arlington Schools join lawsuit against private school vouchers, spurning Ohio's Lt. Gov.

Ohio Lieutenant Governor Jon Husted, right, speaks beside Ohio Gov. Mike DeWine during a news conference.
David Richard
/
AP
Ohio Lieutenant Governor Jon Husted, right, speaks beside Ohio Gov. Mike DeWine during a news conference, June 2, 2022, in Avon Lake, Ohio. DeWine and Husted have been drawn into a FirstEnergy Corp. investors lawsuit connected to the $60 million bribery scheme concocted by the energy giant and a now-incarcerated House speaker.

The Upper Arlington Board of Education voted Tuesday to join a statewide lawsuit challenging Ohio's EdChoice school voucher program.

The board faced a difficult decision and pressure by Upper Arlington resident and Ohio Lt. Gov. Jon Husted. There was more than an hour of discussion by board members and the public before the vote.

The lawsuit is titled "Vouchers Hurt Ohio," and includes more than 200 Ohio public school districts. Columbus City Schools and many others in central Ohio also voted to join the lawsuit.

Ohio's EdChoice Scholarship voucher program gives money to Ohio families to send their children to private schools and helps pay for tuition. A recent $240 million expansion of that program allows anyone in the state to apply, regardless of income or whether or not a student has ever attended a public school previously.

Husted, in an email to the board, implored them not to join the lawsuit. He said past lawsuits similarly seeking to stop the program were defeated and the cost of joining the lawsuit would be a waste of money.

"In an effort to convince you to appropriate funding for this lawsuit, advocates will explain to you that they are challenging the program on different grounds. This, of course, is nonsense, as the Supreme Court of Ohio has already established the fact that the program is constitutional, and furthermore, it is well established that the Ohio constitution delegates appropriation authority to the General Assembly subject to the approval or disapproval of the Governor," Husted wrote.

Husted claimed the program serves many low income families and Upper Arlington joining this lawsuit could risk hurting more than 300 students who receive these scholarships and live within the school district's bounds.

At the meeting, board members and the public debated whether to join the lawsuit.

Board member Liz George Stump said she understands the more than 300 students and their families that get money from this program and apply to private schools. But she said less than 8% of those students come from low-income families in Upper Arlington.

"My parents made the choice to send me to private Christian school 1st through 12th grade. I've lived the decisions that you're making, and I respect that, and I respect your ability to make that choice. But for me, joining this lawsuit and our board supporting this is a fulfillment of the values and beliefs that I ran for office on, and that 8,122 Arlingtonians have voted for me on. And it's a fulfillment of the oath of office," Stump said.

Stump also heavily criticized school vouchers.

"As we watch our state funnel these billion dollars into the voucher program, (and) that threatens our state's ability to meet its constitutional requirement to fully fund our system of common schools," Stump said.

Husted's office sent the below statement Wednesday after the vote:

"The Lt. Governor finds it pretty sad. One government entity suing another government entity all while the lawyers get paid and the taxpayers and children lose," the statement said.

The lawsuit is set for a Nov. 4 court date in the Franklin County Court of Common Pleas.

George Shillcock is a reporter for 89.7 NPR News. He joined the WOSU newsroom in April 2023 following three years as a reporter in Iowa with the USA Today Network.