Judicial Panel Lifts Injunction Against Tennessee Education Savings Account Program
Image Credit: esa.tnedu.gov
The Tennessee Conservative [By Jason Vaughn] –
After blocking the program for the last two years, a judicial panel is now allowing the state to move forward with allowing parents to utilize the Tennessee Education Savings Account.
Following the Tennessee Supreme Court’s earlier decision that the voucher law did not violate the “home rule” provision in the state constitution, a panel consisting of three judges decided that the program could now be implemented in the Nashville and Memphis areas. The judges on the panel were Chancellor Anne C. Martin of Nashville, Valerie Smith of Memphis, and Tammy Harrington of Maryville.
Critics question just how quickly these funds can be issued to eligible families, but one state lawyer hinted at a plan to start this school year, even though there are other legal issues that the legislation must overcome.
Governor Lee released a statement saying that his office “will work to help eligible parents enroll this school year, as we ensure Tennessee families have the opportunity to choose the school that they believe is best for their child.”
The state education department would not give any details as to a starting date, but stated that the state “is excited to restart work to plan for implementation of the ESA program.
According to Stephanie Bergmeyer, representative for the state attorney’s office, starting this school year may be a bit of a stretch, despite the greenlight to proceed with the program. She believes implementation for the 2023-2024 school year is more likely.
“Those decisions haven’t been made because some of the analysis and the work within the department – contacting schools and parents – has not occurred because of the injunction,” Bergmeyer stated.
She continued, “The state has not had any communication with potential participating schools to see if those deadlines could be amended for the 2022-23 school year.
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Chancellor Martin warned against rushing the program.
“If we…go on some sort of incredibly sped up, incredibly expedited basis, we’re only going to do that if that’s really necessary because we want to do it right, of course,” Martin said.
Attorney Chris Wood, who represents clients in a second suit against the program, says they will ask the courts to block the implementation if the state tries to rush it through.
“School starts in less than a month,” Wood said. “If the state really is intending to do that, we would obviously have to consider whether we’re going to file for another injunction.”
Remaining arguments against the ESA is that it is a violation of the “equal protection” clause of the state constitution. Opponents claim that vouchers would create unequal educational systems by taking money from public education.
Others worry that the transition to the state’s new educational funding formula will cause a delay in effectively implementing the program. The existing voucher legislation was created under the former funding formula, so there will need to be work done to align it with the new formula.
The original program designed by Governor Lee would allot about $7300 each year for every eligible student who leaves public schools for either a private school or homeschool. However, the new funding formula would likely increase that amount.
The program will enroll up to 5,000 students in its first year and will increase to up to 15,000 by the fifth year.
About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career. Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others. He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History. Contact Jason at news@TennesseeConservativeNews.com
We use the ron paul curriculum online. Two kids cost 750 for the entire year! We would save the state over 10 thousand dollars! And no critical theory or jewish degeneracy taught there! No porno or masturbation classes and no wierdo pink haired trannies in the girls bathrooms. Win/win for everyone!