Published 7 days ago • loading... • Updated 4 days ago
Tennessee Court Dismisses Challenge to Education Freedom Scholarship Program
The court said the Tennessee Constitution does not bar the voucher plan and rejected claims that it diverts money from public schools.
A three-judge panel dismissed a constitutional challenge to Tennessee's $260 million Education Freedom Scholarship Program on Monday, allowing the school choice initiative to continue.
Plaintiffs, including the American Civil Liberties Union of Tennessee, argued the program violates the Tennessee Constitution by diverting public funds; the court found the constitution's "silence" regarding private-school funding grants the General Assembly broad authority.
Judges ruled that constitutional challenges regarding public school adequacy must target the Tennessee Investment in Student Achievement statute, not the voucher program, noting TISA's funding shortages predate the scholarship initiative.
EdChoice Legal Advocates attorney Melinda Hudson called the decision "an important victory," while critics claim the program creates an entitlement for existing private-school students, straining the state budget.
More than 56,000 students applied for the $7,530 Education Freedom Scholarships in the 2026-27 school year, with the program able to expand annually by 5,000 children depending on legislative funding.