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- calendar_today October 22, 2026
Court Dismisses Challenge to Scholarship Program
The Education Freedom Scholarship Program in Tennessee will continue after a three-judge panel dismissed a lawsuit questioning the constitutionality of the initiative. The panel's ruling addressed key concerns about the state's authority to provide scholarships for private education and the impact on public school funding.
Claims Against the Program
The lawsuit contended that the education freedom scholarship program violated the Tennessee Constitution by enabling public funding to support private education and allegedly undermining financial resources for public schools. The plaintiffs argued that channeling funds to private institutions was both unconstitutional and detrimental to public educational services.
Judicial Decision: Majority and Dissent
A majority of two judges found no constitutional prohibition on funding private education in Tennessee. The decision also determined that disputes about public school funding should be aimed at the laws specifically governing public school finance, rather than the scholarship program itself. One judge, while agreeing to dismiss the constitutional claim concerning private education funding, dissented on the issue of public school financing, arguing that portion of the lawsuit deserved to go forward.
Families Relying on the Program
EdChoice Legal Advocates represented two families who defended the education freedom scholarship in court. Denise Fair’s family utilizes scholarships for their two youngest daughters at Lakeway Christian Academy, while Mike and Monica Sweeney said the support cuts their tuition costs for three children at St. Mary’s Catholic School by about half. According to EdChoice attorney Melinda Hudson, “They have decided for their children that private education at the schools they’ve chosen is the best education for them, and they really rely on that support from the EFS program to make that work for their family.”
Focus of the Legal Dispute
Melinda Hudson noted that, while the lawsuit targeted the scholarship program directly, many arguments put forth by the plaintiffs related to public school funding concerns. The court pointed out that statutes specifically funding public schools were not the subject of this challenge.
Possible Appeal and Next Steps
The court’s order leaves the door open for a potential appeal from the plaintiffs, but it is not yet clear whether they will pursue further legal action regarding the education lawsuit in Tennessee. For now, the Education Freedom Scholarship Program remains in effect and available to eligible families seeking tuition scholarships that improve their education choices.
Source: wkrn.com.
