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Lincoln Memorial University

2021

Education

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School Choice In Tennessee: A Violation Of The State Constitutional Right To A Substantially Equal Education, Emma Knapp Aug 2021

School Choice In Tennessee: A Violation Of The State Constitutional Right To A Substantially Equal Education, Emma Knapp

Lincoln Memorial University Law Review Archive

Most states have experimented with various versions of school choice over the past several years. While a federal right to education is not recognized, all fifty state constitutions provide some variation of an education clause, guaranteeing a state constitutional right to education. In Tennessee, satisfaction of the state constitutional right to education requires substantially equal educational opportunities for all students across the state. Despite this constitutional mandate, students in public schools across the state of Tennessee experience vast disparities in educational opportunities. Litigation is currently pending before the Tennessee Supreme Court regarding the constitutionality of the Tennessee Education Savings Account …