TBA Law Blog


Posted by: Kate Prince on Nov 29, 2022

A three-judge panel has upheld Tennessee’s Education Savings Account Program, which allows public tax dollars to be given to families to pay for private schooling, the Associated Press reports. The panel, made up of Chancellor Anne Martin, Judge Tammy Harrington and Judge Valerie Smith, said the counties and families who sued couldn’t prove how students would be immediately harmed by the program. The plaintiffs, including Davidson and Shelby counties, maintained that schools and students would be hurt by the voucher program because school districts lose money for every student that participates in the voucher program. But the panel ruled the opponents’ claims “lack ripeness” because the voucher law includes a provision that replaces the diverted funds for at least three years through “a school improvement fund.” Money for the improvement fund is subject to legislative appropriation.