IntroductionThe Ohio Voucher Program is a school voucher program in which students are selected through a Cleveland City School District lottery process. The program selects students based on financial need. These tuition vouchers or subsidies give parents the “choice” of using them at secular or religious private schools in the Cleveland district and all districts enrolled in the Ohio voucher program. Depending on each student's income level, a student can receive vouchers that cover 90% of a school's tuition costs. But the overall cap a student can receive is $2,500. The Ohio Revised Code sets forth program guidelines in Statutes § 3313.974 through 3313.979. The Ohio Vouchers program was created in response to the failure of the Cleveland public school system. However, with this program, vouchers do not help students attend public school in the Cleveland School District. Surrounding school districts can accept vouchers but have not done so since the program began. This program harms the Cleveland public school system by diverting funds that should be used to improve public schools but investing them in private schools that are largely religious schools. The program continues to harm not only the public school district, but also the parents of students who attempt to take advantage of the program. Parents have no choice but to choose a non-public school, or even a religiously private school. Among nonpublic schools that participate in Ohio's voucher program, 82 percent are religious schools. Nearly 88 to 96% of students who participated in the program are enrolled in or attend a religious school. Thus, government funds that are spent middle of paper are unconstitutional under Committee on Public Education and Religious Liberty v. Nyquist, 413 US 756 (1973). A key reference that is to be considered when deciding whether the Establishment Clause is in violation by Ohio's voucher program, then see Committee for Public Education and Religious Liberty v. Nyquist, 413 US 756 (1973). The courts invalidated a New York program with the same idea as the Ohio Voucher program. The New York program helped low-income parents send their children to certain elementary and secondary schools, including religiously private schools, with partial tuition reimbursement from the state. This closely mirrors the Ohio Vouchers program, as the majority of schools that participated in the program were religious institutions. They also gave money to parents with "choice" rather than sending it directly to schools..