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.
TC Weber notes that a new nonprofit wants to essentially end public education in the Volunteer State.
But a new nonprofit, Tennessee Leads, has even bigger ambitions: 200,000 voucher students and 250,000 in charter schools by 2031.
If those goals are met, traditional public schools would serve just 550,000 students—a seismic shift.
Gov. Lee and Speaker Sexton want to double the number of voucher students in 2026 – from 20,000 to 40,000 – with a total of 100,000 by 2030. But, Tennessee Leads is pushing for more than that.
The result of meeting this goal would be a rise in unaccountable private education sources – and an end to traditional public education in our state.
As Tennessee embarks on a school voucher misadventure, it is important to look at other states with universal voucher schemes to see how they are (not) working.
Today, we turn to Arizona. There, voucher recipients are using tax dollars to fund family vacations – Disney, Sea World, etc. – there’s even a Facebook group where users discuss how to game the system to finance vacations.
As 12News points out, most tickets to San Diego attractions or others outside of Arizona are likely to get approved regardless of cost — at least up to $2,000. Why? Supt. Tom Horne’s ADE implemented a new policy in December that all expenses less than $2,000 are approved automatically, without any review, with the plan to audit later.
Will Tennessee taxpayers end up on the hook for trips to Dollywood or Panama City Beach?
On news that the state now ranks 47th nationally in per student investment – and last among our Southeastern neighbors, Rev. Chris Warren -a Cumberland Presbyterian minister from Murfreesboro – said:
“Scripture reminds us often to care for both children and the vulnerable in our midst. By prioritizing voucher schemes instead of fully funding our public schools, it’s clear that Governor Lee and the Supermajority Legislature have neglected this scripture’s call. Instead, they have prioritized underfunding public education while funneling millions to vouchers. This benefits powerful outside interest groups while our children suffer.”
Objections to the new bill that lawmakers must ponder this year were presented in a recent talk by Marsha Livingston, a retired teacher from Anderson County Schools.
Based on valid data comparing the educational outcomes of public and private school students in Tennessee the last two years and in other states with large rural populations, she said, student academic achievement based on test scores in public schools generally surpasses that of students in private schools supported by public money.
She quoted Andy Spears, publisher of the Tennessee Education Report, who wrote, “With little data showing any significant positive gains, and new data suggesting possible harms, it’s difficult to understand why policymakers would adopt a voucher system in Tennessee.”
Within hours of the recent election’s conclusion in Tennessee, Gov. Bill Lee’s top legislative allies filed their top priority legislation for 2025: School Vouchers.
This despite vouchers being overwhelmingly rejected by voters in states like Kentucky, Colorado, and Nebraska.
Yes, while Kentucky voted about 2-1 for Donald Trump, they also voted 2-1 AGAINST a ballot initiative that would have allowed public funds to be spent on private schools by way of vouchers.
Vouchers were rejected in all 120 of Kentucky’s counties.
And still, Gov. Lee and his associates continue to push for a universal voucher scheme in our state.
“Once again, Tennessee Republicans are pushing an expansion of their failed private school voucher scheme. This isn’t about improving education; it’s about diverting public dollars away from underfunded public schools to private institutions that are unaccountable to taxpayers and don’t serve every student. Vouchers are a scam — they aren’t working to improve student outcomes here in Tennessee, nor have they succeeded at this scale anywhere else in the country.”
The right-wing plot to privatize public schools runs through Tennessee
Peter Greene reports on efforts by right-wing bill mill ALEC – American Legislative Exchange Council – to implement vouchers in 25 states by 2025.
No surprise, Tennessee is on the map.
ALEC’s map of school privatization targets
As Greene notes:
ALEC has set a new goal– 25 by 2025. That means having 25 states adopt school voucher programs by the end of next year. To push that goal, ALEC has a new initiative called the Education Freedom Alliance, and it is a scary crew.
Tennessee Gov. Bill Lee pushed an effort for universal vouchers this past legislative session – despite his past promises that he wanted to see results from the state’s pilot program before making the scheme universal.
The effort failed in 2024, but as you can see, Tennessee is a 2025 target. Lee and his legislative allies have pledged to push vouchers again next session.
Of course, Lee has long sought to extract public funds for the benefit of school privatizers.
“With a grocery store executive recently admitting that their company gouged shoppers on select items above inflation, it’s clear we need accountability measures to address corporate greed and protect working families from undue financial strain, especially in Tennessee where families are the hardest hit,” Rep. Behn added.
As Gov. Bill Lee and his legislative allies continue to push expansion of Tennessee’s school voucher program, warnings come pouring in from other states.
” . . . the cost is projected to grow 263 percent in just five years. This expansion is predicted to force public school districts to either make severe cuts or ask taxpayers for more money through public referendums.”
In a report on Florida’s experiment with full-on school privatization by way of charter schools and vouchers, Peter Greene notes that the endgame for those supporting “school choice” is getting the government completely out of the “education business.” While that may sound great in terms of “free market,” Greene highlights some pretty important implications:
Privatization is not just about privatizing the folks who get to provide education (or education-flavored products). It is about privatizing the responsibility for getting children an education.
Getting government out of education means ending the promise that every child in this country is entitled to a decent education. Regardless of zip code. Regardless of their parents’ ability to support them. Regardless of whatever challenges they bring to the process.
End that promise. Replace it with a free(ish) market. End the community responsibility for educating future citizens. Put the whole weight of that on their parents. End the oversight and accountability to the elected representatives of the taxpayers. Replace it with a “Well, the parents will sort that out. And if they don’t, that’s their own fault and their own problem.”
This sounds a lot like what Gov. Bill Lee and his legislative allies are attempting in Tennessee.
