ACLU Representing Legal Challenge to the Tennessee Education Freedom Scholarship Act

Governor Bill Lee at the signing event for the Education Freedom Scholarship (Photo by Governor Bill Lee’s office)

The Tennessee chapter of the American Civil Liberties Union (ACLU) announced Thursday that it’s representing 10 parents who have filed a lawsuit challenging the Tennessee Education Freedom Scholarship.

Lawmakers approved the program earlier this year to allow families to use taxpayer dollars for private school expenses. A total of 20,000 students are receiving $7,295 in scholarships this year under the program.

Parents named in the suit argue the program violates the Education Clause of the Tennessee Constitution by diverting funds from public schools and preventing students the adequate education guaranteed by the state constitution. The lawsuit additionally claims the program violates the Education Clause’s mandate of a single system of public schools by providing funding to private schools.

“I've raised nine children in Memphis, and all of them have attended Shelby County Schools,” said April Young, one of the 10 parents named in the suit. “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.”

Program Cost Criticized

The ACLU joined with the Education Law Center and the Southern Poverty Law Center to represent families in the suit filed in Davidson County.

In a news release posted on the ACLU’s website, the organization additionally criticizes the Education Freedom Scholarship for providing public funding to private schools that lack accountability and openly discriminate against students. Attorneys argue that Tennessee will divert hundreds of millions of dollars in state funding for the program, which could be used to pay for teachers, counselors, special education services, and textbooks.

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

The Tennessee Supreme Court struck down a legal challenge to the state’s other private school choice program, the Education Savings Account, in 2022.

Application Dates Announced

Attorneys filed the lawsuit on the same day Tennessee announced the application dates for families hoping to participate in the Education Freedom Scholarship program next year.

The application window will open on December 9 for existing participants to renew their scholarships, while new applicants will see their window open on January 13, 2026. The application window closes for applicants on January 30.

“In its first year of implementation, the Education Freedom Scholarship Program has been a remarkable success, and I look forward to continuing to deliver families with quality educational choices to best serve their students’ unique needs,” said Tennessee Department of Education Commissioner Lizzette Reynolds. “I’m grateful to the families and schools who have engaged in the program, and encourage interested families to apply.”