TBA Law Blog

TBA Law Blog

State Supreme Court Upholds School Choice Pilot Program

Posted by: Stacey Shrader Joslin on May 18, 2022

The Tennessee Supreme Court today held that the state’s Education Savings Account Pilot Program does not violate the home rule amendment of the state constitution. The pilot program allows a limited number of eligible students to directly receive their share of state and local education funds to pay for a private school education. The Davidson and Shelby county governments challenged the law. The trial court and intermediate appellate court agreed with the counties. The Supreme Court disagreed, saying that the law is not rendered unconstitutional by the home rule amendment because the amendment does not apply to county governments — only to local education agencies. The court remanded the case to the trial court for consideration of remaining claims. Justices Sharon G. Lee and Holly Kirby joined in a separate opinion, concurring in part and dissenting in part. They agreed with the court that the counties had standing to sue but found that the law violates the home rule amendment because it is local in effect and application, and gives the counties no choice in whether to participate. Tennessee Attorney General Herbert H. Slatery III applauded the ruling, saying the law “has always been about helping Tennessee students.”

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