Tuesday, June 14, 2022
HomeEducationTennessee personal faculty voucher legislation survives authorized problem

Tennessee personal faculty voucher legislation survives authorized problem


The Tennessee Supreme Courtroom has declined to rethink its current determination upholding the state’s 2019 personal faculty voucher legislation.

In a quick order issued Monday, the excessive courtroom stood by its 3-2 ruling on Might 18 in favor of the state and in opposition to the governments of Metropolitan Nashville and Shelby County, the one two counties affected by the legislation.

The choice marks one other authorized win for Gov. Invoice Lee’s training financial savings account program, the signature laws of his first 12 months in workplace, though different courtroom challenges loom. 

This system goals to offer taxpayer cash to pay towards personal training for eligible college students in public faculty districts in Memphis and Nashville, nevertheless it has by no means launched due to the fierce authorized battle.

In 2020, a choose overturned the legislation on the grounds that it violated the Tennessee Structure’s “residence rule” clause, because it was imposed on the 2 counties with out their approval. However on enchantment, the excessive courtroom disagreed final month and stated the house rule clause governs the actions of native faculty districts, not the counties that sued, although they assist fund these faculties.

Attorneys for Nashville and Shelby County shortly requested for a rehearing, arguing partly that the house rule clause ought to apply as a result of Nashville’s faculty system is a part of a metropolitan type of authorities.

However the courtroom declined to wade once more into their declare.

“The courtroom beforehand thought of the problems raised within the petition in the midst of its decision of the enchantment,” the courtroom wrote in a four-sentence order.

A spokesman for Nashville Mayor Bob Cooper expressed disappointment over the order, whereas Nashville Legislation Director Wally Dietz stated his workplace is “evaluating subsequent steps for the remaining claims in our lawsuit.”

In the meantime, Lee’s mothballed training financial savings account program stays caught on the beginning gate.

Litigants behind a second lawsuit within the case say they intend to press forward with as much as 4 remaining claims difficult the legislation’s constitutionality. And Dietz and his authorized staff are contemplating the same transfer on behalf of native governments based mostly within the state’s two largest cities.

As well as, a program with the complexities of vouchers requires important preparation earlier than a rollout and sure couldn’t be prepared earlier than the beginning of the brand new faculty 12 months in August.

Marta W. Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.



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