Tennessee Wins Major Victory Defending Education Freedom Scholarship Act

The Tennessee Attorney General's Office announced a significant legal victory after a three-judge panel upheld Tennessee's Education Freedom Scholarship Act. The Court granted the State's motion to dismiss a constitutional challenge to the school choice law, ending the plaintiffs' challenge at the trial-court level and entering judgment in favor of Tennessee.

In Apryle Young, et al. v. Bill Lee, et al., the plaintiffs challenged the state's Education Freedom Scholarship Act, Tennessee's landmark program giving families the freedom to choose the school that best fits their children's needs. The plaintiffs argued that it violated the Tennessee Constitution by allowing public funds to support education outside the public school system and by allegedly undermining adequate funding of public schools.

The Court rejected both claims in its majority ruling.

"The Court's decision is an important victory for educational freedom and for the State's authority to establish education policy consistent with our Constitution," said Attorney General Jonathan Skrmetti. "The Education Freedom Scholarship Act reflects the State's commitment to expanding educational opportunities for Tennessee families. This ruling affirms that the Tennessee Constitution's Education Clause does not prohibit the State from supporting school choice."

The panel held that the Education Clause does not support the plaintiffs' claim that the Constitution prohibits public funding for nonpublic education. The Court also held that the plaintiffs failed to state a viable funding "adequacy" claim against the State defendants based on their administration of the scholarship law. The Court's complete dismissal of the case leaves the Education Freedom Scholarship Program fully in place for the families it serves.

Read the opinion here.