In May 2019, the Tennessee General Assembly enacted a new voucher law, the Tennessee Education Savings Account Pilot Program. The law applies to students in two counties: Davidson County, which includes Nashville, and Shelby County, which includes Memphis. The Voucher Law provides that for each eligible student, the per-pupil amount of public school funds intended for Metro Nashville Public Schools and Shelby County Schools will be diverted to private schools.

On March 2, 2020, public school parents and community members from Davidson and Shelby Counties filed a lawsuit in Davidson County Chancery Court, challenging the voucher law. In the lawsuit, McEwen v. Lee, the plaintiffs charge that the law violates several provisions of the Tennessee Constitution — including the Home Rule provision, which prohibits laws that target certain counties without requiring their approval, the Education and Equal Protection provisions, and the Appropriation of Public Moneys provision — as well as several state statutes.

The plaintiffs are represented by Education Law Center and the Southern Poverty Law Center, which collaborate on the Public Funds Public Schools (PFPS) campaign. PFPS opposes all forms of private school vouchers and works to ensure that public funds are used exclusively to maintain, support and strengthen our nation’s public schools. The plaintiffs are also represented by the ACLU of Tennessee and pro bono by the law firm Robbins Geller Rudman & Dowd LLP.

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Major Setback for Vouchers in Tennessee

Plaintiffs in Tennessee Voucher Lawsuit File Amicus Brief in Companion Case

Public School Parents Urge Supreme Court Not to Take Up Voucher Case

Parents and Community Members Urge Tennessee Court to End Voucher Program

McEwen v. Lee Complaint

McEwen v. Lee Plaintiffs' Memorandum of Law in Support of Motion for Temporary Injunction

McEwen v. Lee Plaintiffs’ Reply in Further Support of Motion for Temporary Injunction

McEwen v. Lee Plaintiffs’ Response to Motions to Dismiss

Metro Government v. TDOE Chancery Court Decision

McEwen v. Lee Chancery Court Decision

Metro Government v. TDOE McEwen Plaintiffs’ Brief in Opposition to Stay Pending Appeal (Chancery Court)

Metro Government v. TDOE Chancery Court Order Denying Stay Pending Appeal

Metro Government v. TDOE McEwen Plaintiffs’ Amicus Brief in Opposition to Appeal and Stay (Court of Appeals)

Metro Government v. TDOE Court of Appeals Order Granting Permission to Appeal & Denying Stay

Metro Gov’t v. TDOE McEwen Plaintiffs’ Amicus Brief in Opposition to Stay Pending Appeal (Supreme Court)

Metro Gov’t v. TDOE Supreme Court Order Granting McEwen Amicus and Denying Jurisdiction and Stay

Metro Gov’t v. TDOE McEwen Plaintiffs’ Amicus Brief in Support of Appellees (Court of Appeals)

Metro Gov’t v. TDOE McEwen Plaintiffs’ Amicus Brief in Support of Plaintiffs (Supreme Court)

Metro Government v. TDOE, Amici Curiae Brief of McEwen Plaintiffs, Tennessee NAACP, Pastors For Tennessee Children And Pastors For Children In Support Of Appellees (Supreme Court Merits)