TENNESSEE

Constitutional Clause/Language

“The General Assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools.” Tenn. Const. art. 11, s. 12.

Major Court Decision: Tennessee Small School Systems v. McWherter (Small Schools I), 851 S.W.2d 139 (Tenn. 1993).

Result: Financing System Overturned

Summary: Every student is entitled to “substantially equal educational opportunities.”  The court held that reliance upon local property taxes as the primary source of education financing deprives less wealthy districts of a quality education that is provided in more wealthy districts.  The decision was primarily directed at creating equity in teachers’ salaries from county to county.

Key Quotes:

“The constitution, therefore, imposes upon the General Assembly the obligation to maintain and support a system of free public schools that affords substantially equal educational opportunities to all students. The means whereby this obligation is accomplished, is a legislative prerogative.”  Id. at 141.

“To alter the state financing system to provide greater equalization among districts does not in any way dictate that local control must be reduced. Second, as pointed out in Serrano v. Priest, ‘The notion of local control was a ‘cruel illusion’ for the poor districts due to limitations placed upon them by the system itself... So long as the assessed valuation within a district's boundaries is a major determinant of how much it can spend for its schools, only a district with a large tax base will truly be able to decide how much it really cares about education.’”  Id. at 155.

“Far from being necessary to promote local fiscal choice, the present system actually deprives the less wealthy districts of the option.” Consequently, even without deciding whether the right to a public education is fundamental, we can find no constitutional basis for the present system, as it has no rational bearing on the educational needs of the districts.”  Id.

“Citizens may be classified under Article I, Section 8, of the Constitution when the object of the Legislature is to subject them to the burden of certain disabilities, duties, or obligations not imposed upon the community at large. And citizens may be classified under Article XI, Section 8, of the Constitution when the object of the Legislature is to confer upon them certain rights, privileges, immunities, or exemptions not enjoyed by the community at large.

If the classification is made under Article I, Section 8, every one who is in, or may come into, the situation and circumstances which constitute the reasons for and the basis of the classification, must be subjected to the disabilities, duties, obligations, and burdens imposed by the statute, or it will be partial and void. And if the classification is made under Article XI, Section 8, every one who is in, or may come into, the situation and circumstances which constitute the reasons for and basis of the classification, must be entitled to the rights, privileges, immunities, and exemptions conferred by the statute, or it will be partial and void.”  Id. at 153

“The proof before us fails to show a legitimate state interest justifying the granting to some citizens, educational opportunities that are denied to other citizens similarly situated, and, thus, fails to satisfy even the ‘rational basis’ test applied in equal protection cases.”  Id. at 156.