STORY

Current Status of Lawsuit: After successfully defending against a new Motion for Temporary Injunction in August, the ESA program was implemented for the beginning of the 2022-2023 school year. On November 23, 2022 the three-judge panel dismissed the amended complaints by a 2-1 vote. This action dismissed Plaintiffs’ remaining Equal Protection and Education Clause claims. Should Plaintiffs choose to appeal the panel’s ruling, or elect to bring a new complaint challenging Tennessee’s ESA program, Beacon will continue to work with the State and the Institute for Justice to defend the program and the rights of parents who need better education options for their kids.

—

The Beacon Center of Tennessee intervened in Mayor Cooper’s Education Savings Accounts (ESA) lawsuit on behalf of Nashville families. Beacon is defending Nashville mother Star Brumfield, whose children would benefit from the recently enacted program.

Star Brumfield is a single parent, raising six school-aged children. Her 11-year old child, in particular, is an exceptionally bright 6th grader in a Nashville public school but is frustrated by the education he is receiving. After touring Lighthouse, Star became convinced that the learning environment and individual teacher’s attention at Lighthouse would be a much better fit for him. It was at her tour of Lighthouse that she learned of the ESA program. She also learned that Lighthouse would participate, and the ESA would fully cover the cost of her child’s tuition. Elated by this opportunity, Star immediately began the process of enrolling her child at Lighthouse in the Fall of 2020. Star has another child who would benefit too who she would love to send, but she is unfortunately not eligible because she currently homeschooled. Without the ESA, she simply could not afford the tuition and her child would be forced to remain at his current school where he would not be getting the same opportunity to achieve his full potential.

The case is set to determine Metro Nashville’s summary judgment, the McEwan plaintiffs Motion for a Temporary Injunction, and the Parents Motion for Judgment on the pleadings.

Documents

Motion to Intervene

Plaintiffs’ Motion for Preliminary Injunction

Joint Brief of Intervenor-Defendants Bah, Diallo, Brumfield, and Davis in Support of Opposition to Plaintiffs’ Motion for a Temporary Injunction

Motion for Judgment on the Pleadings – McEwen

Motion for Judgment on the Pleadings – Metro

Motion for Summary Judgment – Metro

Parent’s Response in Opposition to Metro’s Motion for Summary Judgment

Metro’s response to the Motion for Judgment

Metro’s response to the Motion to Dismiss

Reply in Support of Parents’ Motions for Judgment on the Pleadings

Chancellor’s Order granting Motion for Summary Judgment

Chancellor’s Order denying Motion for Summary judgment

Parents Application for Interlocutory Appeal

 Metro’s response in opposition to our Interlocutory Appeal

Petition for the Supreme Court to Accept Jurisdiction

Metro’s response to Parents Petition for Supreme Court to Accept Jurisdiction

Parents’ Appeal Brief

Metro’s Appellate Brief

Joint Reply Brief of Intervenor Defendants

Court of Appeals Opinion

Parents application to the Supreme Court

Parents Supreme Court brief

Metro response to Parents’ Supreme Court Petition

Metro’s Supreme Court Brief

Supreme Court Order ruling for the State and Parents on Plaintiffs’ Home Rule Constitutional Claim

The Legal Team 

Justin Owen is President and CEO of the Beacon Center.