VITAL POLICY – Gardenhire Files Bill to Expand School Vouchers in Tennessee, Legal Claims of ESA Opponents Exhausted

After a lengthy court battle, Education Savings Accounts (ESAs), commonly called school vouchers, are available to parents in two Tennessee counties under a pilot program narrowly approved by the legislature in 2019. ESAs provide low and middle-income families with vouchers so they can move their children to private schools. Multiple Tennessee senate members aim to make vouchers available to more families.

Tennessee State Senator Todd Gardenhire (R-Chattanooga) has filed Senate Bill 0012 to expand school vouchers to more Tennessee students. If enacted, the proposed legislation will add more school districts to the ones already eligible for vouchers (ESAs). Senators Jon Lundberg (R-Bristol), and Bo Watson (R-Hixon) are co-sponsors.

Parents are now asking when ESAs will be available in the remaining Tennessee counties.

As the bill that created ESAs made its way through the committee process in 2019, many legislators insisted that their own school districts be excluded from applicability. In its final approved form, only families zoned for certain low-performing schools in Davidson and Shelby Counties were made eligible for school vouchers. Representative Andrew E. Farmer Leads Successful Negotiations With Governor To Protect District 17 From ESA Legislation | The Jefferson County Post

When vouchers were first enacted, Davidson and Shelby Counties challenged Public Act 506 in Chancery Court on the grounds that it violated the “Home Rule” provision of the Tennessee Constitution along with other arguments. Those efforts failed after a roller-coaster of legal maneuvers took the case all the way to the Tennessee Supreme Court, which dismissed the “Home Rule” argument and remanded the case back to Davidson County Chancery Court to rule on the last remaining challenges. VITAL POLICY – Tennessee Supreme Court, School Voucher Law Upheld as Constitutional | The Jefferson County Post

The remaining legal challenges were dismissed on November 23, 2022, by a three-judge panel in Davidson County Chancery Court. TN School Voucher Program Wins Court Approval To Proceed – Tennessee Conservative (tennesseeconservativenews.com)

“It should be up to Tennessee parents, not government bureaucrats, to decide what school is best for their child” – Institute for Justice Attorney David Hodges (Attorney for Intervening Defendants)

Some parents are not waiting for ESAs to be made available in their school district. They are bearing the cost of private education on their own. As of December 14, 2022, Jefferson County, Tennessee had a total of 801 students (12% of public enrollment) attending school outside the county school district, up from 735 students just six months ago, a clear indication that a growing number of parents are seeking alternative choices of education for their children. Private, religious, and homeschool comprised the majority of those non-public school enrollees. A copy of the non-public school enrollment report can be seen here. (non-public school enrollment Jefferson County December 14, 2022)

As public support continues to grow for school choice across Tennessee, it remains to be seen how state legislators and the administration will react to the demand for school choice in the form of vouchers.

David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level.