NATIONAL NEWS

Lawsuit claims Tennessee’s new school voucher program violates the state constitution

Nov 21, 2025, 8:54 AM

FILE - Gov. Bill Lee speaks about the blast at Accurate Energetic Systems during a news conference,...

FILE - Gov. Bill Lee speaks about the blast at Accurate Energetic Systems during a news conference, Sunday, Oct. 12, 2025, in McEwen, Tenn. (AP Photo/George Walker IV, file)
Credit: ASSOCIATED PRESS

(AP Photo/George Walker IV, file)

NASHVILLE, Tenn. (AP) — A group of public school students’ parents and taxpayers has filed a lawsuit challenging Tennessee’s new statewide school voucher program, saying that allocating nearly $150 million in state funding to help parents send their kids to private schools is unconstitutional.

In their lawsuit filed Thursday in Davidson County Chancery Court, the plaintiffs requested injunctions to block the Republican-backed law while the case proceeds.

Similar scholarship and voucher initiatives have proliferated in Republican-led states such as Texas, which passed a $1 billion program. States have increasingly offered vouchers to families beyond only the neediest ones, contributing to budget concerns as expenses rapidly pile up.

Tennessee’s voucher initiative allows 20,000 education vouchers of about $7,300 each for the 2025-26 school year. Half go to specific categories of students, such are those who are lower income or disabled. Any student entitled to attend a public school can apply for one of the remaining 10,000. Students who were already enrolled in private schools, including religious ones, are eligible.

Republican Gov. Bill Lee, who pushed for the initiative, has indicated that he wants to seek funding for more vouchers during the coming legislative session. His office says more than 40,000 families have applied for the program.

The lawsuit argues that the Tennessee Constitution includes an obligation to provide a system of free public schools and does not allow for the state to to maintain and support K-12 schools outside of the public school system.

It says schools that participate “may deny admission or otherwise discriminate based on race, disability, religion, English proficiency, LGBTQ+ status, academic ability, or other criteria.” They are not required to provide services that public schools must offer, such as special education, and are not free to attend, the lawsuit states.

Additionally, the private schools accepting vouchers are not required to administer the full Tennessee Comprehensive Assessment Program, which public schools must, and can instead opt for a national standardized test, the lawsuit says.

The initiative also reduces funding for public schools below an already inadequate level, further violating the state constitution’s guarantee of public schools that offer all students the opportunity to receive an adequate education, the plaintiffs contend.

The law has a “hold harmless” provision that adds more money to school districts that have students disenroll to attend private school on a voucher. But the lawsuit says it “does not meaningfully compensate for the loss of funds from public schools.”

“Tennessee’s Constitution is clear: the state must maintain and support a system of free public schools,” said Lucas Cameron-Vaughn, senior staff attorney with the American Civil Liberties Union of Tennessee, one of the legal groups representing the plaintiffs. “This voucher scheme does the opposite. It siphons desperately needed resources away from public schools that serve all students and hands that money to private schools with no accountability, no transparency, and no obligation to serve every child.”

The Legislature’s Republican supermajority passed the statewide voucher program earlier this year at Lee’s request.

Lee’s office said it is confident the court will uphold the law and looks forward to serving more students when applications open for the 2026-27 school year.

“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,” Lee’s spokesperson, Elizabeth Lane Johnson, said in a statement.

Previously, the state had a two-county school voucher program for lower-income students in Nashville and Shelby County, which includes Memphis. That initiative was passed in 2019 and delayed in the courts, but ultimately allowed to proceed. It was expanded to Hamilton County, which includes Chattanooga, before passage of the new program that applies statewide and has no income limitations for half of the slots.

Please follow our Community Guidelines

National News

Associated Press

Supreme Court will consider Trump’s executive order suspending asylum access at the southern border

WASHINGTON (AP) — The Supreme Court agreed Friday to consider President Donald Trump’s ban on asylum at the southern border, a pillar of the Republican president’s far-reaching crackdown on immigration. The Trump administration wants to overturn lower court decisions that found the executive order banning asylum applications is illegal. Federal law gives people the right […]

20 minutes ago

SpaceX's mega rocket Starship is stacked and prepared for a test flight from Starbase, Texas, Thurs...

Associated Press

SpaceX aims for first double catch of Starship in its most ambitious test flight yet

SpaceX is launching Starship into orbit on Friday in its boldest test yet: a 22-hour flight that aims to recapture the entire rocket in a move meant to accelerate moon and Mars travel. If all goes well, the massive booster will return to its Texas pad six minutes after blasting off and the bullet-shaped spacecraft […]

2 hours ago

FILE - AK-47 ammunition sits on a table in front of 18 alleged members of the drug cartel El Mileni...

Associated Press

Brother of slain Mexican cartel leader is sentenced to 22 years in prison for drug trafficking plot

WASHINGTON (AP) — A man whose slain brother led one of Mexico’s most violent drug cartels was sentenced Friday to more than 22 years in U.S. prison for his part in a sprawling drug trafficking conspiracy that brought cocaine and methamphetamine to American streets. Antonio Oseguera Cervantes, the brother of the Jalisco New Generation co-founder […]

2 hours ago

FILE - Sen. Chris Van Hollen, D-Md., attends a Senate Appropriations Subcommittee on Homeland Secur...

Associated Press

Who is Chris Van Hollen, the senator challenging Chuck Schumer to be majority leader?

Maryland Sen. Chris Van Hollen, who became an early face of Democratic resistance to President Donald Trump in the Republican’s second term in the White House, has emerged as a challenger to New York Sen. Chuck Schumer as their party picks a Senate majority leader. Van Hollen, a two-term incumbent who previously represented the state […]

2 hours ago

U.S. Secretary of the Treasury Scott Bessent speaks during a press conference in St. Cloud, Minn. o...

Associated Press

Bessent blames Commerce’s Lutnick for not restricting Nvidia chip exports to China

WASHINGTON (AP) — Treasury Secretary Scott Bessent said Friday he was frustrated with the Commerce Department’s delay in implementing controls over the export of certain Nvidia chips to China. Bessent said on CNBC that his department, along with the departments of State and Defense and the U.S. Trade Representative, were in favor of adding Megaspeed […]

3 hours ago

This image provided by KAKE shows police on the scene where a person drove a vehicle through a socc...

Associated Press

Driver whose truck accelerated on soccer field, killing 2, won’t be charged, prosecutors say

WICHITA, Kan. (AP) — A woman whose pickup truck accelerated onto the field of a Kansas youth soccer game, killing two people, had been taking a nap in the driver’s seat when the vehicle began moving and will not face criminal charges, prosecutors said. The 34-year-old woman, who authorities have not identified, told detectives she […]

4 hours ago

Lawsuit claims Tennessee’s new school voucher program violates the state constitution