A coalition of public school parents and taxpayers in Tennessee has launched a legal challenge against the state's newly enacted statewide school voucher program, arguing that the initiative violates the Tennessee Constitution by diverting nearly $150 million in public funds from public to private schools. The lawsuit, filed on Thursday in Davidson County Chancery Court, seeks injunctions to halt the implementation of the Republican-backed voucher law while the legal proceedings unfold.
The Tennessee voucher program, which Governor Bill Lee championed, is designed to provide approximately 20,000 education vouchers worth about $7,300 each for the 2025-26 school year. Half of these vouchers are earmarked for specific groups, including low-income families and students with disabilities, while the remaining 10,000 are open to any student eligible to attend public school. Notably, the program also allows students already enrolled in private schools—including religious institutions—to participate. According to Governor Lee’s office, more than 40,000 families have applied for the vouchers, and the governor has expressed intentions to seek increased funding for the program in the upcoming legislative session.
This voucher initiative is part of a broader trend seen in Republican-led states, where similar scholarship and voucher programs have expanded rapidly. For instance, Texas recently passed a $1 billion voucher program. These initiatives have moved beyond targeting only the neediest students, raising concerns about escalating costs and budget strains as more families become eligible for state-funded vouchers to attend private schools.
The plaintiffs in the Tennessee lawsuit contend that the state constitution mandates the provision and support of a free public school system, and that the voucher program undermines this responsibility by reallocating public funds to private schools, which do not have the same obligations. They argue that private schools accepting vouchers are not required to admit all students and may discriminate based on race, disability, religion, English proficiency, LGBTQ+ status, academic ability, or other factors. Unlike public schools, these private institutions are not obligated to provide services such as special education, which is essential for many students.
Further, the lawsuit highlights that private schools participating in the voucher program are not mandated to administer the Tennessee Comprehensive Assessment Program (TCAP), the state’s standardized test for public schools. Instead, these schools can opt to use national standardized tests, which may not align with Tennessee’s educational standards or accountability measures. This discrepancy raises concerns about the quality and comparability of education provided under the voucher system.
Another significant point raised by the lawsuit is the impact of the program on public school funding. Although the voucher law includes a “hold harmless” provision intended to safeguard school districts from losing funds when students leave to attend private schools, the plaintiffs argue that this measure falls short of adequately compensating for the financial losses. They assert that the program reduces funding for public schools below an already insufficient level, thereby violating the constitutional guarantee that all students should have access to an adequate education through the public school system.
Lucas Cameron-Vaughn, senior staff attorney with the American Civil Liberties Union of Tennessee, one of the groups representing the plaintiffs, emphasized the constitutional obligation of the state. He stated, “Tennessee’s Constitution is clear: the state must maintain and support a system of free public schools. 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 Republican-controlled Tennessee Legislature passed the statewide voucher program earlier this year, responding to Governor Lee’s request. Governor Lee’s office has expressed confidence that the courts will uphold the law. Elizabeth Lane Johnson, a spokesperson for the governor, said, “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.” The administration looks forward to expanding the program for the 2026-27 school year.
Before this statewide initiative, Tennessee had a more limited voucher program operating in two counties—Nashville’s Davidson County and Memphis’s Shelby County—targeting lower-income students. This program, passed in 2019, faced legal challenges that delayed its implementation but was ultimately allowed to proceed. It was later expanded to Hamilton County, which includes Chattanooga. The new statewide program marks a significant expansion by removing income limits for half of the available vouchers and opening eligibility to any student entitled to attend public school.
The controversy surrounding Tennessee’s voucher program reflects a national debate over the role of public