Shelby Cnty. Bd. of Educ., et al. v. Lee, et al.

Case Name
Shelby Cnty. Bd. of Educ., et al. v. Lee, et al.
Case Number
Judge Panel

Senior Judge Don R. Ash, Chief Judge (Middle Grand Division)

Judge Deborah C. Stevens (Eastern Grand Division)

Chancellor William C. Cole (Western Grand Division)

Stayed per December 10, 2021 Order
Cases Description

School districts, local governments, and parents of students from Shelby and Davidson Counties have filed a wide-ranging lawsuit against the Governor, leadership of the General Assembly, and the Chairman, Vice-Chair, and members of the state Board of Education—alleging the State of Tennessee’s current education funding system violates the Tennessee Constitution and other state laws.  Specifically, the plaintiffs assert violations of the Education Clause, the guarantee of Equal Protection, the prohibition on imposing increased expenditures on local polities without the State sharing in the cost, and statutes governing the operation of Tennessee schools.  Tennessee’s current education funding system, known as the Basic Education Program, or BEP, is codified at Tenn. Code Ann. §§ 49-3-301, et seq.  An association of other school districts in the state have intervened in the action to join Plaintiffs’ Education Clause claim.  The case is currently stayed pending the 2022 legislative session.