Nashville court: Lee vouchers unconstitutional – Nashville Post

A Nashville court on Tuesday ruled Gov. Bill Lee’s signature accomplishment from his first year in office unconstitutional.

Davidson County Chancellor Anne Martin ruled in the case, which Metro and Shelby County filed earlier this year.

In a hearing last week, Metro Legal Director Bob Cooper argued that the law, which would give more than $7,000 in public-school money to qualifying families for private school tuition and related costs, unfairly targeted Nashville and Shelby County.

The judge agreed, though governor’s office spokesperson Gillum Ferguson said the state would “swiftly appeal on behalf of Tennessee students who deserve more than a one-size-fits-all approach to education.” Martin ruled that the education savings account bill violated the state’s home-rule provision.

“The legislative history of the General Assembly’s consideration and passage of the ESA Act confirms that the act was intended, and specifically designed, to apply to MNPS and SCS, and only MNPS and SCS,” Martin wrote. “The Court finds, based upon the particular criteria in the ESA Act, and upon the legislative history detailing the extensive tweaking of the eligibility criteria in order to eliminate certain school districts to satisfy legislators (rather than tweaking to enhance the merits of the act) that the legislation is local in form and effect.”

Metro attorneys pointed to statements by Republican lawmakers who voted for the bill only after their own counties were removed from its eligibility.

State lawyers and allied groups argued at the hearing last week that Metro and Shelby County would actually receive a windfall from the program. But that argument is disputed, as grants designed to reimburse the districts are restricted to certain costs and last just three years.

“Nashville, like other cities and counties, must have the authority to determine how investments are made in the best interest of our residents,” Nashville Mayor John Cooper said through a spokesperson. “We, of course, do not feel that vouchers are a solution for improving public education and will continue to advocate for both our MNPS students and educators.”