Tennessee Court Of Appeals Says Parents Can Sue State Over School Voucher Program
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The Tennessee Conservative Staff –
According to the Tennessee Court of Appeals, parents who are plaintiffs in a previously brought lawsuit regarding school vouchers can sue the state and the governor over the state’s Education Savings Account (ESA) program.
The Court’s three-judge panel decided that the original plaintiffs in McEwen v. Lee do have the right to sue both the state of Tennessee and the governor over school vouchers.
This ruling by the panel overturned a decision made by a lower court that dismissed a lawsuit that challenged the voucher program, allowing them to now proceed with the case.
The ESA program allows families in Davidson and Shelby counties to use tax money to help cover the cost of private school tuition or other approved educational expenses. The law has been amended to now include Hamilton County Schools.
Governor Bill Lee recently stated that his plan was to use the Education Freedom Scholarship Act to continue to expand the program across the state.
Some argue that this will provide more money to private schools that are not held to the same accountability level as Tennessee’s public schools. Supporters, however, argue that parents should have the right to make educational choices for their children.
“This voucher program takes precious funding from our public school, and it must be challenged,” said Roxanne McEwen, one of the plaintiffs in the case. “I’m very happy the court has recognized that we are entitled to have our voices heard.”
The lawsuit, filed in 2020, claims that the ESA illegally uses taxpayer funds to support private education. They also argue that it is a violation of the Tennessee Constitution and that the program makes public school funding issues even worse in the participating counties.
The state countered that the McEwen plaintiffs lacked grounding to bring the lawsuit and that the dispute was not yet “ripe.” This meant that the court could not yet hear the case because “no school districts had yet lost funding.”
The Court of Appeals ruled that the plaintiffs had, in fact, established standing both as parents of attendees of public schools in the affected districts and as taxpayers contesting an illegal use of public dollars.
The panel ruled, as well, that the case was ripe, stating that the plaintiffs did provide evidence that they were being harmed by the law “in the here and now, not in a hypothetical future scenario.”
Tennessee Attorney General Jonathan Skrmetti’s office is “reviewing the decision.”
School choice is essential to giving parents any control over the quality and content of material to which their children are exposed.
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Yes, school choice is essential.
Yes, it should be a matter clarified in the state constitution, with the same priority as parental rights.
Yes, teachers at all levels (including four year higher edu.) should be evaluated by the comprehensive achievements of our students. Meaning that students should be graded on their understanding of the subject matter.
Taught to learn how to learn,ie, critical thinking = success in life.
Yes, school funding should follow the student.
Why reward indiviual schools for turning out future adults that have limited reading and mathematical skills, inherently reducing their personal view of themselves and others ?
Small business accounting, management and STEM should start in second grade, and further promoted throughout all education levels.
There are so many opportunities to establish a solid foundation for life success that have been removed from public education it is astounding.
*DEI must DIE.*
“This voucher program takes precious funding from our public school, and it must be challenged,” said Roxanne McEwen, one of the plaintiffs in the case.”
Every voucher represents a student that your public school is no longer educating, and therefore no longer has any claim for those funds allocated per student. In spite of that, your public school would spend $12-13,000 per student while the voucher only provides $7,500 to the parents. Why the disparity? Where does the other funding disappear to?
The plaintiffs would have a great case suing on 14th Amendment grounds as the voucher law favors just a few students and discriminates against the majority of students in the state. Blatantly unconstitutional, like most of the TNGOP laws that pigeon-hole winners and losers (like Bill Lee’s fake “constitutional carry” that discriminated against 18-20 year olds). But they aren’t really interested in equal access or education of children, just their “precious funding”.
TN’s pubic ejikashun is a total luciferian FAIL!!
I will share an unpopular opinion.
Education Savings Accounts are a falsely advertised Trojan horse of immense proportion.
I go in extensive details with citations on my own blog Whole Person Whole Life, but the short story….
The outcomes for School Choice Programs in other states remains unimpressive.
The costs for minimal to no improvement in student education is a waste of taxpayer money.
Government money will inevitably infiltrate and take over private educations.
— What the government funds, it controls.
— Money always has strings.
— The same government that dictates curriculum and regulations for public schools will dictate them for private schools.
Government takes our money and then says they are giving it back IF WE use it like they want.
— Just another entitlement program.
I predict Tennessee public schools will keep their funds, while taxpayers get a double charge by having to pay for vouchers too.
Please, just say no!!!