EdChoice Legal Advocates moves in court to defend Tennessee education savings account program

EdChoice Legal Advocates has taken legal action to defend Tennessee’s new Education Savings Account (ESA) program following a lawsuit from groups seeking to halt the initiative. The ESA program, launched this school year after being signed into law by Governor Bill Lee in February under the Education Freedom Scholarship Act (EFS), offers universal eligibility for families across the state.

Under the EFS program, participating families receive $7,296 per student for the 2025–26 academic year. These funds must first be used for tuition and fees, with any remaining amount available for other approved educational expenses such as transportation, technology, and uniforms.

On Wednesday, EdChoice Legal Advocates filed a motion in Tennessee court on behalf of two families: Denise Fair of Jefferson City and Mike and Monica Sweeney of Knoxville. The motion seeks to allow these families to intervene as parties in order to help defend the EFS program against ongoing legal challenges.

The families represented rely on ESA funds to afford educational options that they believe best fit their children’s needs and values. Without access to these scholarships, both families would face financial difficulties in maintaining their chosen schooling arrangements.

Thomas Fisher, Executive Vice President and Director of Litigation at EdChoice Legal Advocates, stated: “Behind every legal filing are real children whose futures hang in the balance. This lawsuit threatens to take choices away from families who have done everything right — families who simply want to place their children in the learning environments where they can thrive.” He added: “Tennessee’s EFS law vindicates parents’ constitutional rights to direct their children’s education. We intend to ensure that right is not stripped away in the courtroom by political opponents.”

The Sweeney family currently uses ESA funds for tuition at a Catholic school for all three of their children. Previously, they homeschooled due to concerns over COVID-19 procedures at another school.

Denise Fair and her husband are first responders who have worked extra jobs so their youngest daughters could attend Lakeway Christian Academy. According to Fair’s declaration included with the court filings: “The advent of the Tennessee Education Freedom Scholarships has helped us keep our children with their friends and teachers at Lakeway Christian Academy and allowed us to scale back the part-time hours I am working,” she said. “It has allowed me more time to dedicate to attending activities with the girls and freed up enough financial resources to allow the girls to attend some school field trips. A judgment or injunction taking away the EFS program would impose a real financial burden on our family. It would make it impossible for us to be able to afford Lakeway Christian Academy’s tuition for both of our school-aged children.”