Court Tosses Challenge to Tennessee School Voucher Program

NASHVILLE, Tenn. — Tennessee families using state Education Freedom Scholarships can keep them after a three-judge court panel threw out the lawsuit that challenged the private-school voucher program, in a final order filed Monday in Davidson County Chancery Court.

The panel held that the state constitution requires a system of free public schools but says nothing that bars lawmakers from also paying for private education. Because the constitution is silent on that point, the judges found the General Assembly has broad room to create a program like this one.

The parents who sued in 2025 also argued that the vouchers drain money from public schools that are already short on staff and services. The judges rejected that path as well, finding that any claim about inadequate public school funding has to target the law that actually funds those schools, the TISA formula, not the separately funded scholarship program.

The ruling did not wave away the funding complaints. The panel agreed the teacher and supply gaps in Tennessee classrooms are long-running and documented by the state itself, but it found those problems predate the scholarship law and are not caused by it.

Claims against Gov. Bill Lee were dismissed largely because the panel found he is not the official responsible for enforcing the act. The panel drew judges from upper East Tennessee, Madison County and Davidson County, and one of the three dissented on part of the decision.

Lawmakers created the program in a January 2025 special session. It now serves 35,000 students in its second year with scholarships of roughly $7,500 each, and it can grow by 5,000 students a year if the legislature funds it. The program costs more than $260 million.

Demand has climbed. Applications jumped to more than 56,000 for 2026-27, compared with over 38,000 in the first year, state education figures show.

Supporters called the order a win for families who want to keep their children in private schools. Critics argue the vouchers mostly help students who were already in private schools and shift money away from public classrooms. The plaintiffs could still appeal, but the program stays in effect while any appeal plays out.

Filed under: Nashville TN Education News