Tennessee parents are suing the state over the universal voucher program, arguing that it violates the state constitution by diverting public funds to private schools that they say discriminate against students and lack accountability.
“I’ve raised nine children in Memphis, and all of them have attended Shelby County Schools,” said Apryle Young, one of the plaintiffs. “I’ve seen what our teachers can do when they have resources, and what happens when those resources disappear. We need to invest in our public schools, not abandon them.”
State lawmakers passed Gov. Bill Lee’s controversial voucher program – called Education Freedom Scholarships – earlier this year during a special legislative session.
Families can use taxpayer funds to defray the cost of attending K-12 private schools. The vouchers, which are each $7,295, go directly to the private school to cover anything from tuition to books to classroom supplies. The program is expected to cost taxpayers $1 billion over the next five years.
Diverting funds and allowing discrimination
According to the lawsuit, which was filed in Davidson County Chancery Court, the voucher program is unconstitutional for two reasons. First, it prevents Tennessee from providing students with the adequate education guaranteed by the state constitution by diverting funds from public schools which are already underfunded. Secondly, the lawsuit claims the program violates a mandate for a single system of public schools by funding schools outside the public school system.
Private schools don’t have to comply with the same academic standards, accountability measures or civil rights protections that public schools do. This allows them to deny admission to LGBTQ students, those of certain religions and kids with disabilities. Public schools, however, are not able to deny admission to any student.
“This voucher law fundamentally discriminates against children with disabilities,” said Dustin Park, one of the lawsuit’s plaintiffs and a Blount County parent of a student with Down syndrome. “Private schools can refuse to admit students like my son or fail to provide the accommodations he needs to succeed.”
Even though these private schools are getting taxpayer funds from the vouchers, they don’t have to follow state curriculum standards, provide special education services, follow teacher certification requirements or administer the Tennessee Comprehensive Assessment Program (TCAP).
The families are being represented by the American Civil Liberties of Tennessee, the Education Law Center, the Southern Poverty Law Center, and pro bono by the law firm Robbins Geller Rudman & Dowd LLP.
“This lawsuit is about protecting the constitutional promise of public education for every Tennessee child,” said Jessica Levin, litigation director at Education Law Center. “When the state diverts public funds to private institutions, without academic or fiscal accountability and with the ability to discriminate, it shortchanges the vast majority of Tennessee students, who depend on public schools.”
Lawmakers have been calling for more transparency for the program for months. The state isn’t tracking student enrollment data, meaning there’s no way to know whether these students were already enrolled in private schools when they received their vouchers. Lee branded these “education freedom scholarships” as a means of expanding private school access. However, a state review found that two-thirds of the families expected to get these funds are already enrolled in private schools.
“I taught for 12 years, and I fought to get my children into Rutherford County Schools because I knew the quality of education here,” said Jill Smiley, another plaintiff Rutherford County mother and former teacher. “Now the state is systematically defunding the very schools families like mine depend on. You can’t expect excellent schools on a shrinking budget.”
Lee recently announced plans to increase voucher funding.
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