Parents sue Gov. Lee over universal voucher law

NASHVILLE, Tenn. — A group of parents and taxpayers from across Tennessee filed a lawsuit Thursday challenging Gov. Bill Lee’s universal school voucher law, arguing the program violates the state constitution and further erodes an already underfunded public school system.

The 45-page complaint, filed in Davidson County Chancery Court, alleges the Education Freedom Scholarship Act — which opened private-school vouchers to nearly all Tennessee students this school year — is incompatible with Article XI, Section 12 of the Tennessee Constitution. That section requires the state to maintain and support a single system of free public schools.

The plaintiffs, represented by the ACLU of Tennessee, the Southern Poverty Law Center, the Education Law Center, the Southern Education Foundation and private attorneys, include parents from Shelby, Rutherford, Hamilton, Blount and Davidson counties, along with several local taxpayers. Many have children with disabilities, English learners or students who previously struggled to access services in their districts.

The lawsuit names Gov. Lee, the Tennessee Department of Education, Education Commissioner Lizzette Reynolds, and all members of the State Board of Education as defendants.

Constitutional claims and impact on public schools

The lawsuit argues the universal voucher law violates the constitution in two ways. First, it claims the state cannot use public money to fund private schools that sit outside Tennessee’s required single system of free public education. Private voucher schools do not have to follow state academic standards, accept all students, or meet public-school accountability requirements.

Second, the plaintiffs say Tennessee already struggles to provide adequate resources in many districts, citing teacher shortages, limited special-education services and low student outcomes. They argue diverting funds to private schools further strains public-school budgets and worsens existing deficits.

The suit also challenges the state’s “hold harmless” policy, asserting it applies to only a small number of districts and does not offset expected losses as voucher participation expands.

A program set to grow

The universal voucher law authorized up to 20,000 vouchers for the 2025–26 school year at $7,295 each. More than 42,000 applications were submitted, according to the Tennessee Department of Education. The statute automatically raises the statewide cap by 5,000 per year if demand exceeds 75 percent of available slots.

During fall budget hearings, Lee administration officials indicated the governor plans to request additional voucher funding in next year’s budget, citing high demand and the program’s expansion schedule under state law. The plaintiffs argue this expected growth will intensify the financial impact on public schools already struggling to meet baseline resource needs.

What the plaintiffs seek

The suit asks the court to declare the universal voucher law unconstitutional and to temporarily and permanently block its enforcement. The plaintiffs also demanded a jury trial.

Gov. Lee has not yet publicly responded to the filing.