McEwen, et al. v. Lee, et al.

Plaintiffs, parents of students enrolled in Metro Nashville Public Schools and Shelby County Schools, filed suit against Governor Bill Lee, the Commissioner of the Tennessee Department of Education, the Tennessee Department of Education, and members of the Tennessee State Board of Education, challenging the Tennessee Education Savings Account Pilot Program, Tenn. Code Ann. § 49-6-2601, et seq., also known as the ESA Act.  Plaintiffs assert the ESA Act violates the Tennessee Constitution’s (1) Home Rule Amendment, contained in Article XI, Section 9, by affecting only two counties; (2) equal protection guarantees of Article I, Section 8, and Article XI, Section 8, by providing for disparate and arbitrary treatment of Davidson and Shelby County; and (3) requirement of a single system of public schools by providing for private schools as set forth in the Education Clause, Article XI, Section 12.  Plaintiffs also assert that the ESA Act violates (4) the statutory funding scheme for Tennessee known as the Basic Education Program, or BEP, Tenn. Code Ann. §§ 49-3-301, et seq., by diverting BEP funds appropriated for the schools of Davidson and Shelby Counties; and (5) requirements for the appropriation of public money as set forth in Article II, Section 24, and Tenn. Code Ann. § 9-4-601 because the General Assembly did not appropriate funding for the ESA Act.  Plaintiffs seek declaratory and injunctive relief.