Will Religious Charter Schools Become Reality in Tennessee?

A lawsuit of Tennessee’s ban on religious charter schools is moving forward, a federal judge says.

A Tennessee lawsuit challenging the Knox County Board of Education over the state’s religious charter school ban is heading to trial after a federal judge denied the board’s motion to dismiss the lawsuit.

The Wilberforce Academy of Knoxville sued the school board last year after the local district asked it to affirm it planned to open a non-religious school, per state law.

Of note:

Tennessee Attorney General Jonathan Skrmetti declined to intervene in the lawsuit earlier this year, months after he published a legal opinion that argued there was “no compelling interest” in excluding religious charter schools from participating in a “public benefit.”

Skrmetti’s office is also currently paying Wilberforce’s main attorney $400 per hour in a separate case to help Tennessee defend its criminal abortion ban against ongoing legal challenges.

Photo by Stephen Ellis on Unsplash

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Rising in Opposition

A group of Tennessee public school parents joined with faith leaders to oppose the establishment of a publicly-funded, explicitly religious charter school.

An email from the Education Law Center offers details:

The lawsuit, The Wilberforce Academy of Knoxville v. Knox County Board of Education, was filed in November 2025 by a religious organization that wants to run a public charter school—funded by taxpayers—that, according to the school’s own legal complaint, would provide an “explicitly biblical and Christian education.” The proposed intervenors are seeking to join the lawsuit on the side of the defendants, the Knox County Board of Education and its members. They oppose Wilberforce Academy’s effort to force the defendants to authorize and fund it as a religious public charter school.

Amanda Collins is one of those seeking to join the suit and stop the religious charter school:

“Public education is part of the common good. A religious charter school would be at odds with the need to ensure public schools remain appropriate for and welcoming to students of all faiths, families, and backgrounds,” said proposed intervenor Amanda Collins, a retired school psychologist and parent of Knox County public school students. “And it would divert already limited public funds and scarce resources away from other public schools in Knox County. We can’t let this happen.” 

Faith leaders are also joining the effort:

“The Reformed tradition in which I am formed has long supported the separation of church and state, believing that our faith, and all faiths, are best supported when they are free of undue state interference. This is why I object to the use of tax dollars to support religious education of any kind, including my own religion. Religious education is the job of churches, denominations, and private religious schools,” said the Rev. Dr. Richard Coble, another proposed intervenor, who is a pastor at Westminster Presbyterian Church in Knoxville and the parent of two Knox County public school students. 

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Onward, Christian Charters

A Christian charter school operator in Knox County is suing because it wants public money to operate a clearly religious “public” school.

The Knoxville News-Sentinel has more:

A new Christian nonprofit attempting to operate a charter school in Knoxville has sued the Knox County Board of Education, asserting the board discriminated against the nonprofit because state and local policies won’t allow “unapologetically Christian” schools to apply.

I suspect that since state dollars flow to explicitly religious private schools by way of vouchers, there’s really little difference when the state and/or a local school board sends funds to an explicitly religious charter school.

Wilberforce Academy is hardly the first openly religious school to offer the pretense of being a fully “public” charter school.

Hillsdale is in on the game, too:

Charter schools affiliated with Christian Nationalist outfit Hillsdale College made multiple charter school applications in an attempt to access millions in taxpayer cash:

Five proposed charter schools affiliated with controversial Michigan-based Hillsdale College would drain more than $17 million from Tennessee suburban and rural public schools during their first year of operation and roughly $35 million per year at maximum enrollment, according to a new fiscal analysis by Public School Partners (PSP) and Charter Fiscal Impact.

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