Judge Rules School Vouchers in Davidson and Shelby Counties Unconstitutional

May 05, 2020 at 11:00 am by bryan


TN Governor Bill Lee's education savings program has been ousted by a judge in Davidson County. Chancellor Anne C. Martin called it unconstitutional after citing that the law only applied to Shelby and Davidson Counties.

According to the judge, the law violates the "Home Rule" because the counties the law applied to, did not have a voice in granting such rules.

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In Tennessee, home rule means that a city may adopt and change its own charter by local referendum. If a city adopts home rule, the legislature may not pass private acts that apply to that city. General laws that apply to all cities also are applicable to cities with home rule charters.

As for the program in question, it allowed for school vouchers paid with tax dollars. Those vouchers would have allowed families to send their children to a private school instead of a public school in the areas earmarked to follow the law. But again, it was deemed unconstitutional as it focused only on two counties.

It prohibits the General Assembly from passing laws that target specific counties without local approval. The School Vouchers uses tax payer money and gives it to families so their children can attend private school.

The much-debated program prompted two lawsuits which echoed previous concerns that the program illegally diverts public tax dollars to private schools.

Both the ACLU and Nashville Mayor John Cooper were against the plan.

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