(The Center Square) – A lawsuit filed in Davidson County Chancery Court challenges the constitutionality of Tennessee’s Education Freedom Scholarships as the program enters its second year.
The plaintiffs are five parents and five taxpayers represented by the American Civil Liberties Union of Tennessee, the Education Law Center, the Southern Poverty Law Center, the Public Funds Public Schools campaign and the Southern Education Foundation, according to a release from the ACLU. The Robbins Geller Rudman and Dowd LLP law firm is representing the plaintiffs pro bono.
The scholarships, approved by the General Assembly in January during a special session, discriminate against students with disabilities, one parent said.
“Private schools can refuse to admit students like my son or fail to provide the accommodations he needs to succeed,” said Dustin Park, Blount County parent of a student with Down syndrome, in a statement.
Critics have claimed school choice siphons money away from public schools.
“They call this ‘school choice,’ but the choice isn’t yours, it’s the private school’s,” said Crystal Boehm, a Hamilton County parent and preschool teacher. “They can reject your child for a disability, for your family’s religion, for any reason at all. Meanwhile, public schools that educate everyone are losing the funding they need.”
Gov. Bill Lee has advocated for school choice and made it the focus of the January special session.
“This remarkable response demonstrates what we have known all along: Tennessee parents want choices when it comes to their child’s education,” Lee said previously. “I’m grateful to the General Assembly for their partnership in delivering universal school choice to families across our state, and I thank the Department of Education for their dedication to a smooth implementation.”
More than 42,000 applications were filed for the 2025-2026 school year, according to the Tennessee Department of Education. The Tennessee General Assembly approved 20,000 scholarships of $7,295 for the 2025-26 school year, with the first 10,000 based on income and the second 10,000 open to all families.
The application window for students currently receiving Education Freedom Scholarships opens on Dec. 9. New applications will be accepted beginning Jan. 13, according to the education department.
“In its first year of implementation, the Education Freedom Scholarship Program has been a remarkable success, and I look forward to continuing to deliver families with quality educational choices to best serve their students’ unique needs,” said Education Commissioner Lizzette Reynolds. “I’m grateful to the families and schools who have engaged in the program, and encourage interested families to apply.”
