EdChoice Legal Advocates Wins Major Victory Defending Tennessee School Choice Program

Press Release: For Immediate Release
October 20, 2026
For more information or to schedule an interview, contact Mairead Elordi at [email protected]

Court dismisses constitutional challenge to Education Freedom Scholarship program, protecting educational opportunities for Tennessee families

INDIANAPOLIS — EdChoice Legal Advocates (EdLA) secured a major legal victory for Tennessee families Monday when a three-judge panel dismissed a lawsuit challenging the state’s Education Freedom Scholarship (EFS) program. The ruling allows the program to continue providing families with the freedom to choose educational opportunities that best meet their children’s needs. 

EdChoice Legal Advocates represented two Tennessee families who intervened in the case to defend the program: Denise Fair of Jefferson City and Mike and Monica Sweeney of Knoxville. The Beacon Center of Tennessee served as local counsel. 

“This is an important victory for Tennessee families, and especially for the parents who stood up to defend their children’s education,” said Melinda Hudson, attorney for EdChoice Legal Advocates, who argued the case. “For the Fair and Sweeney families, this was never just about a legal argument. It was about keeping their children in schools where they’re happy, learning and thriving. This ruling ensures that these families can continue making the educational choices that work for them.” 

The lawsuit challenged Tennessee’s EFS program on two grounds: that the state constitution prohibits funding private education outside the public school system and that the program undermines the state’s obligation to adequately fund public schools. 

The court dismissed both claims, finding that Tennessee’s Constitution does not prohibit funding private education and that a challenge alleging inadequate public school funding must be directed at the laws governing that funding, not the separate EFS program. 

For the families EdLA represented, the stakes were personal. Denise Fair and her husband, both first responders, had worked additional jobs to afford private school tuition for their two youngest daughters. The EFS program eased that financial burden and allowed their children to remain at Lakeway Christian Academy. 

Similarly, Mike and Monica Sweeney rely on the scholarships to help their three children attend St. Mary’s Catholic School in Oak Ridge. In their sworn declaration, the Sweeneys said the program reduced their tuition responsibility by approximately half, allowing their children to remain with the teachers and friends they love. 

Enacted in February 2025, Tennessee’s Education Freedom Scholarship program provides eligible students with state-funded scholarships toward private school tuition and other approved educational expenses. The program awarded 20,000 scholarships in its first year and expanded to 35,000 for the 2026–27 school year. 

Monday’s ruling dismisses the constitutional challenge in its entirety, marking an important victory for EdChoice Legal Advocates and the Tennessee families who defended their right to educational choice. 

Read more: 

• October 19 dismissal 

To be connected with Melinda Hudson, contact Mairead Elordi at [email protected].  

About EdChoice  

EdChoice is a 501(c)(3) nonprofit, nonpartisan organization. Its mission is to advance educational freedom and choice for all as a pathway to successful lives and a stronger society. EdChoice is committed to understanding and pursuing a K–12 education ecosystem that empowers every family to choose the learning environment that fits their children’s needs best. Learn more at edchoice.org.