Legal Update for Special Education Law – Updates from the Ohio Department of Education

Ohio Legislature Expands Private School Voucher Program

In August 2023, the Ohio legislature enacted a new law which drastically expanded the private school voucher program in Ohio. This program allows Ohio students to apply for a voucher paid for by the government and can be used to subsidize private school tuition. Under the recently enacted law, Ohio families who earn up to 450% of the federal poverty level ($135,000 for a family of four) can receive the full amount of scholarship available under the program. Prior to this change, only families whose incomes were at or below 250% of the federal poverty level ($75,000 for a family of four) were eligible for the vouchers. 

For many families, private school was once considered “out of reach” due to increasing tuition expenses. Under the expansion, however, K-8 students can receive a $6,165 scholarship and high schoolers can receive a $8,407 scholarship. These scholarships make a private education significantly more accessible for low- and middle-income families. This is evident as applications for Ohio’s private school voucher program have increased significantly since the expansion program was enacted. 

The Ohio Board of Education has reported that there have been more than 120,000 applications for the program so far this school year, though applications continue to be accepted through the end of the fiscal year. For comparison, Ohio received 60,877 applications in 2020 and 45,691 applications in 2017. It must be noted, however, that the most dramatic increase in applications was seen this past year after the law was changed—jumping from 83,000 to 120,000. 

The uptick in applications has led to significantly more funding being allocated to private schools. The Ohio Board of Education and Workforce indicated that $394,015,641 in funding would be allocated to private schools as a result of the applications received so far in 2024. 

It is undeniable that this change to the law will alter the landscape of education in the state of Ohio and lead to many more students electing to pursue a private education. 

^{Legal Update for Special Education Law – April 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}