Lee Faces Lawsuit Over School Voucher Scheme
Parents say plan undermines public schools
A group of Tennessee parents has filed a lawsuit challenging the state’s universal school voucher scheme.
The parents claim school vouchers - Gov. Bill Lee’s top policy priority - undermine the state’s public schools and therefore violate the Tennessee Constitution’s requirement for the General Assembly to establish and support a “system of free public schools.”
Specifically, the suit claims:
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.
The voucher scheme, now in its first year of operating statewide, costs the state more than $140 million this year. It is expected to increase to more than $1 billion per year within five years.
According to lawyers for the plaintiffs:
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.
