Advocates say Gov. Lee’s voucher plan violates the state’s Constitution

Tennessee’s expanded, universal school voucher scheme violates a state requirement to maintain a system of free public schools, a new lawsuit says.

The Education Law Center, on behalf of a group of Tennessee parents, filed the suit in Davidson County Chancery Court.

“I taught for 12 years, and I fought to get my children into Rutherford County Schools because I knew the quality of education here,” said Jill Smiley, Rutherford County parent and former teacher. “Now the state is systematically defunding the very schools families like mine depend on. You can’t expect excellent schools on a shrinking budget.” 

The suit cites the requirement in the Tennessee Constitution that the state establish and support a system of free public schools.

According to the plaintiffs:

The lawsuit argues the voucher law violates the Education Clause of the Tennessee Constitution in two ways: 

• The Education Clause’s adequacy requirement: By diverting public funds away from already underfunded public schools, the law prevents Tennessee from providing students with the adequate education guaranteed by the state constitution. 

• The Education Clause’s mandate of a single system of public schools: By funding schools outside the system of free public schools, the voucher law violates this Education Clause mandate. 

Estimates by state analysts suggest the program will cost more than $140 million this year alone and may cost over $1 billion a year within 5 years.

Additionally, an issue advocacy group calling itself Tennessee Leads says it will fight to expand the school voucher program as well as the state’s charter schools so that as many as 450,000 students are removed from the state’s public school system by 2031.

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