In Defense of ESAs
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.
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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
Plaintiffs’ Motion for Preliminary 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
Joint Reply Brief of Intervenor Defendants
Parents application to the Supreme Court
Metro response to Parents’ Supreme Court Petition
Supreme Court Order ruling for the State and Parents on Plaintiffs’ Home Rule Constitutional Claim
McEwen Plaintiffs’ Motion for Temporary Injunction
TN Dept of Education Response in Opposition to Temporary Injunction (Plaintiff Counties)
TN Dept of Education Response in Opposition to Temporary Injunction (McEwan Plaintiffs)
Parent Intervenors’ Consolidated Response in Opposition to Temporary Injunction
Plaintiff Counties’ Reply in Support of Temporary Injunction
McEwan Plaintiffs’ Reply in Support of Temporary Injunction
Court’s August 5, 2022 Order Denying Temporary Injunction
Plaintiff Counties’ Amended Complaint
McEwan Plaintiffs’ Amended Complaint
TN Dept of Education Motion to Dismiss Plaintiff Counties’ Amended Complaint
TN Dept of Education Motion to Dismiss McEwan Plaintiffs’ Amended Complaint
Parent Intervenors’ Renewed Motion for Judgment on the Pleadings (Plaintiff Counties)
Parent Intervenors’ Renewed Motion for Judgment on the Pleadings (McEwen Plaintiffs)
Plaintiff Counties’ Consolidated Response to Motions to Dismiss and for Judgment on the Pleadings
McEwen Plaintiffs’ Consolidated Response to Motions to Dismiss and for Judgment on the Pleadings
The Legal Team
Justin Owen is President and CEO of the Beacon Center.