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NASHVILLE, Tenn. — Tennessee’s Governor Bill Lee “school voucher/education savings account program” was hit with another blow with the Tennessee Court of Appeals upholding a lower court’s decision that the controversial plan is unconstitutional.

The program would give more than $7,000 to qualifying parents in both Memphis (Shelby County) and Nashville (Davidson County) to help send students to private schools. The three member panel of the Court of Appeals upheld a previous decision by Davidson County Chancery Court Judge Anne Martin, who ruled against the program back in May.

Judge Andy Bennett, who delivered the court’s opinion said the following:

“Davidson and Shelby counties sued the State of Tennessee to challenge the constitutionality of the Tennessee Education Savings Account Pilot Program. The trial court found that both counties had standing and that the act was unconstitutional. We affirm.”

State Rep. Antonio Parkinson said the following on the Tennessee Appellate Courts decision on ESA/Vouchers in Tennessee:

I am elated that the courts upheld the lower court’s decision in the fact that ESA’s/Vouchers directed only at Shelby and Davidson Counties is unconstitutional. Over one billion tax dollars wasted in the failed experiment of the state run Achievement School District.

Millions have been parked in the budget for the failed ESA/Voucher program. State School boards and charter commissions overriding the decisions of the local school boards on decisions to approve charter applications. all of these policies affect mostly minority and poor children and families in Memphis and Nashville. It is intentional.

It is this very ideology, that you can experiment with biased educational policies, that in essence makes commodities out of minority and underserved children. These efforts continue to drive division in our state.

Here is a statement from Brian Kelsey, Senior Attorney at Liberty Justice Center:


“If this ruling is allowed to stand, it would be a remarkable disservice to low-income children who are fighting for the prospect of a brighter future. We remain confident in our legal arguments and plan to appeal to the Tennessee Supreme Court.”