Parents and Community Members File Lawsuit Challenging Tennessee’s Universal Private School Voucher Program

Legal challenge argues voucher law violates Tennessee Constitution and diverts critical funding from public schools

FOR IMMEDIATE RELEASE:

CONTACT:
Sharon Krengel, Education Law Center, skrengel@edlawcenter.org 
Cathryn Stout, Ph.D., ACLU of Tennessee, cstout@aclu-tn.org 
Vanessa Harmoush-Ising, Southern Poverty Law Center, vanessa.harmoush@splcenter.org 

NASHVILLE, Tenn. – Tennessee parents and taxpayers filed a lawsuit today challenging Tennessee’s universal private school voucher program as unconstitutional. The lawsuit, filed in Davidson County Chancery Court, argues that the Tennessee Education Freedom Act violates the state constitution by diverting public funds to private schools that lack accountability and openly discriminate against students. 

“I’ve raised nine children in Memphis, and all of them have attended Shelby County Schools,” said plaintiff Apryle Young. “I’ve seen what our teachers can do when they have resources, and what happens when those resources disappear. We need to invest in our public schools, not abandon them.” 

Gov. Bill Lee signed the universal voucher program into law in February 2025, after several previous unsuccessful votes in the legislature. The unconstitutional program provides $7,295 vouchers to some Tennessee students to attend private schools and covers a range of other private education expenses. The program is projected to cost taxpayers $1 billion over its first five years. 

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. 

Private schools participating in the voucher program are not required to comply with the same academic standards, accountability measures, or civil rights protections that apply to public schools. They can deny admission to students with disabilities, LGBTQ students, or students of certain religions — discrimination that would be illegal in any public school. Private schools receiving vouchers under the new law are not required to follow Tennessee’s state curriculum standards, provide the special education services guaranteed to students under state and federal law, follow teacher certification requirements, or administer the Tennessee Comprehensive Assessment Program (TCAP), one of the nation’s most rigorous standardized tests.  

The plaintiffs are represented by Education Law Center and the Southern Poverty Law Center, which collaborate on the Public Funds Public Schools campaign, the American Civil Liberties Union of Tennessee, as well as the Southern Education Foundation, and pro bono by the law firm Robbins Geller Rudman & Dowd LLP. 

“This lawsuit is about protecting the constitutional promise of public education for every Tennessee child,” said Jessica Levin, Litigation Director at Education Law Center. “When the state diverts public funds to private institutions, without academic or fiscal accountability and with the ability to discriminate, it shortchanges the vast majority of Tennessee students, who depend on public schools.”

“Public education is critical to an informed democracy. Private school vouchers undermine that critical role, which is recognized and protected by the Tennessee Constitution,” said Sam Boyd, Senior Supervising Attorney at the Southern Poverty Law Center.

The Tennessee General Assembly Fiscal Review Committee estimates that the State will divert hundreds of millions of dollars in state funding annually to the voucher program, money that could otherwise pay for teachers, counselors, special education services, and textbooks. The fiscal impact will only grow if the unconstitutional voucher law is not struck down, as the program is allowed to expand by 5,000 students annually. 

“Tennessee’s Constitution is clear: the state must maintain and support a system of free public schools,” said Lucas Cameron-Vaughn, senior staff attorney with the ACLU of Tennessee. “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.” 

PLAINTIFFS SPEAK OUT:

“They call this ‘school choice,’ but the choice isn’t yours, it’s the private school’s,” said Crystal Boehm, Hamilton County parent and preschool teacher. “They can reject your child for a disability, for your family’s religion, for any reason at all. Meanwhile, public schools that educate everyone are losing the funding they need.” 

“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.” 

“This voucher law fundamentally discriminates against children with disabilities,” said Dustin Park, Blount County parent of a student with Down syndrome. “Private schools can refuse to admit students like my son or fail to provide the accommodations he needs to succeed.”

The complaint is available here. 

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ABOUT THE ORGANIZATIONS:

Education Law Center: Education Law Center (ELC) is a non-profit legal advocacy organization working to ensure that all children, especially those from low-income communities, have access to a high-quality public education. Public Funds Public Schools is a national campaign, directed by ELC, that works to ensure public funds for education are used to support and strengthen public schools. 

ACLU of Tennessee: The American Civil Liberties Union of Tennessee (ACLU-TN) is an affiliate of the national ACLU. A non-partisan non-profit organization, for more than 50 years, ACLU-TN has been dedicated to defending the principles of liberty, equality, and justice that are embodied in the U.S. Constitution.

Southern Poverty Law Center: The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. 

Southern Education Foundation: The Southern Education Foundation advances racial equity and excellence in education for all learners in the South through research, advocacy, and grantmaking. 

Robbins Geller Rudman & Dowd LLP: Robbins Geller Rudman & Dowd LLP is one of the world’s leading complex litigation firms representing plaintiffs in securities fraud, antitrust, corporate mergers and acquisitions, consumer and insurance fraud, multi-district litigation, and whistleblower protection cases. Robbins Geller attorneys are consistently recognized by courts, professional organizations and the media as leading lawyers in their fields of practice.

Press Contact:
Sharon Krengel
Director of Policy, Strategic Partnerships and Communications
skrengel@edlawcenter.org
973-624-1815, x240