Parents of public school students and taxpayers sue Tennessee over ‘unconstitutional’ $150 million private school voucher program

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

Similar scholarship and voucher initiatives have spread in Republican-led states such as Texas, which has approved a $1 billion program. States have increasingly provided vouchers to families beyond just the neediest, contributing to increased budget concerns as expenses pile up quickly.

Although voucher programs have been around for years, they have gained significant popularity in Republican-led states. Some conservatives criticize how public schools teach about race, gender and other topics, and believe they have been too slow to reopen during the pandemic. Unlike private schools, most public school teachers belong to unions, and teachers unions generally support Democrats.

The Tennessee Voucher Initiative allows for the issuance of 20,000 education vouchers, each worth approximately $7,300, for the 2025-26 school year. Half goes to specific categories of students, such as those with low income or disabilities. 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 schools, are eligible.

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

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

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

Additionally, private schools that accept vouchers are not required to administer Tennessee’s full comprehensive assessment program, which public schools must instead choose to take a nationally 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 that public schools provide all students with the opportunity to receive an adequate education, the plaintiffs assert.

The law contains a “hold harmless” provision that adds more money to school districts that bar students from private schools 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 preserve and support our free public school system,” said Lucas Cameron Vaughn, senior staff attorney at the American Civil Liberties Union of Tennessee, one of the legal groups representing the plaintiffs. “This voucher system does the opposite. It takes much-needed resources away from public schools that serve all students and hands those funds to private schools with no accountability, no transparency, and no commitment to serving every child.”

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

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

“Every child deserves a chance to succeed, and the Education Freedom Act empowers Tennessee parents to choose the school that best fits their child’s needs while increasing investment in public schools,” Lee spokeswoman Elizabeth Lynn Johnson said in a statement.

Previously, the state had a school voucher program in two counties for low-income students in Nashville and Shelby County, which includes Memphis. The initiative was passed in 2019 and was delayed in the courts, but was eventually allowed to move forward. It was expanded to include Hamilton County, which includes Chattanooga, before the new program was passed statewide.