NASHVILLE, Tenn. (AP) – A group of parents of public school students and taxpayers has initiated a lawsuit against Tennessee's recently implemented statewide school voucher program, arguing that the allocation of nearly $150 million in state funds for private school tuition is unconstitutional. The lawsuit, filed on Thursday in Davidson County Chancery Court, seeks injunctions to halt the Republican-backed legislation while the case is ongoing.
The controversial school voucher initiative is part of a growing trend in Republican-controlled states, with Texas recently passing a $1 billion program. Critics highlight budget concerns as many states broaden their voucher offerings beyond just the neediest families, leading to financial strains as educational expenses mount rapidly.
Tennessee's voucher program is set to provide 20,000 education vouchers valued at approximately $7,300 each for the upcoming 2025-26 school year. Notably, half of these vouchers are earmarked for specific student categories, including those who are low-income or have disabilities. The remaining 10,000 vouchers are available for any student eligible to attend a public school, which includes students already enrolled in private and religious schools.
Governor Bill Lee, a proponent of the initiative, has expressed intentions to seek additional funding for vouchers in the next legislative session, with over 40,000 families reportedly applying for the program. However, the lawsuit contends that the Tennessee Constitution mandates the establishment of a public school system that is free of charge and does not permit funding to be diverted to non-public educational institutions.
The plaintiffs argue that participating private schools possess the right to refuse admission or discriminate on various grounds such as race, religion, and disability, contrary to the inclusive goals of public education. Furthermore, these private institutions are not obligated to provide services that public schools are legally required to offer, such as special education programs, according to the lawsuit.
Additionally, the private schools accepting vouchers are not required to administer the full Tennessee Comprehensive Assessment Program, which is mandatory for public schools, therefore raising questions about educational standards and accountability. The voucher initiative is asserted to further diminish public school funding, thereby violating state constitutional guarantees of providing an adequate educational system for all students.
Though the law includes a "hold harmless" provision aimed at compensating school districts that experience student disenrollments due to voucher usage, the lawsuit claims that this measure falls short of adequately addressing the financial losses incurred by public schools. Lucas Cameron-Vaughn, a senior staff attorney with the American Civil Liberties Union of Tennessee, stated that the Tennessee Constitution is explicit in requiring state support for public education and argued that the current voucher system diverts essential resources from public schools.
This statewide voucher program was approved by Tennessee's Republican supermajority legislature earlier this year at the request of Governor Bill Lee. Lee's office has expressed confidence that the court will uphold the law, highlighting its role in enhancing educational freedom and providing parents with more choices for their children's schooling.
In a statement, Elizabeth Lane Johnson, a spokesperson for Governor Lee, emphasized that “Every child deserves an opportunity to succeed, and the Education Freedom Act empowers Tennessee parents to choose the school that best fits their child's needs while further investing in public schools.”
Previously, Tennessee had a limited two-county voucher program aimed at lower-income students in Nashville and Shelby County, established in 2019 but experiencing delays due to legal challenges. This initial initiative was eventually expanded to Hamilton County, which includes Chattanooga, ahead of the broader statewide program that eliminates income limitations for half of the available vouchers.
