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- calendar_today October 28, 2026
Tennessee Court Upholds State’s Education Freedom Scholarship Act
On October 19, 2026, a panel of three judges from the Davidson County Chancery Court delivered a final order dismissing a constitutional challenge to Tennessee’s Education Freedom Scholarship Act. The decision supports the state’s school voucher program and determines that it does not violate the Tennessee Constitution’s education clause.
Background of the Legal Challenge
The lawsuit, Apryle Young, et al. v. Bill Lee, et al., was initiated by a group of parents and taxpayers who contended that the act unlawfully directed public funds to private schools, thereby undermining the adequacy of public education funding in Tennessee. The plaintiffs argued this would impact state education funding negatively and ran contrary to the constitution’s requirements.
Court’s Rationale and Ruling
The Chancery Court panel concluded that Tennessee's education clause does not prohibit the allocation of public funding to nonpublic or private schools. The ruling emphasized that the plaintiffs failed to present a viable constitutional claim concerning funding adequacy against the state's administration of the scholarship law. The court thereby granted motions to dismiss filed by state officials and parents defending the law, ending the trial-level challenge.
Reactions from State Officials and Advocacy Groups
Following the court’s decision, Tennessee Attorney General Jonathan Skrmetti welcomed the ruling as a major win for school choice efforts and the state’s authority over education policy. Skrmetti stated, “The Education Freedom Scholarship Act reflects the State’s commitment to expanding educational opportunities for Tennessee families. This ruling affirms that the Tennessee Constitution’s Education Clause does not prohibit the State from supporting school choice.”
The Beacon Center of Tennessee, which intervened in the case alongside EdChoice, also celebrated the outcome. Both organizations supported Denise Fair, a Tennessee first responder whose family benefits from the program, with the scholarships helping her reduce her work hours and spend more time with her children’s school activities.
Core Arguments for the Scholarship Act
Supporters of the Education Freedom Scholarship Act, including the Beacon Center, argue that while Tennessee’s education clause obligates the state to maintain public education, it does not prevent families from using public scholarship funds to send their children to private schools. They assert that allowing both public and private school options creates a competitive environment that benefits students across the state.
Expansion of the School Voucher Program
The Education Freedom Scholarship Act was signed into law by Governor Bill Lee in February 2025. The act initially authorized up to 20,000 scholarships for the 2025-26 school year. In 2026, a subsequent expansion raised the cap to 35,000 scholarships for the 2026-27 school year, further broadening access to the school voucher program for Tennessee students.
Conclusion
The Davidson County Chancery Court’s decision marks a significant development in the ongoing debate over school choice and education funding in Tennessee. The ruling affirms the legality of the Education Freedom Scholarship Act and supports the state’s continued efforts to provide expanded educational options for families.
Source: tennesseestar.com.
