Tennessee Schools May Face Restrictions on Suing State Over Testing

Republican lawmakers aim to bar public schools from using state or local funds to challenge accountability measures in court.

Apr. 3, 2026 at 10:04am

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A solitary school bus parked on an empty city street, the warm sunlight and deep shadows creating a cinematic, nostalgic mood that evokes the growing tensions between local school districts and state education policies in Tennessee.As Tennessee lawmakers seek to limit legal challenges to state education policies, a lone school bus sits idle, reflecting the growing tensions between local districts and state oversight.Dickson Today

Tennessee lawmakers are pushing a bill that would prohibit public school districts from using any state or local taxpayer funds to file lawsuits challenging state accountability measures, such as the controversial third-grade retention law. The measure is seen as an effort to make it more difficult for districts like Memphis-Shelby County Schools to challenge state intervention or oversight.

Why it matters

This proposed legislation reflects an ongoing tension between state control of education policy and local school districts' ability to advocate for their students' needs. Critics argue the bill would effectively disarm public schools from challenging state laws they believe are harmful, while supporters say districts should focus on improving rather than litigating.

The details

The bill, House Bill 664, has already passed the state Senate and is headed for a floor vote in the Tennessee House next week. It would bar school districts from using any public money, whether from state or local governments, to sue the state over accountability standards and oversight laws. Republican lawmakers have pushed a number of controversial education policies in recent years, including the third-grade retention law, that districts have sought to challenge in court.

  • House Bill 664 is expected to receive a floor vote in the Tennessee House next week.
  • The Senate has already passed a companion bill along party lines.

The players

Mark White

Republican chair of the Tennessee House Education Committee, who argued that school districts should focus on improving rather than litigating over accountability measures.

Gloria Johnson

Democratic state representative and former teacher, who argued that barring public funds for lawsuits would effectively disarm school districts from challenging state laws they believe are harmful.

Jody Barrett

Republican state representative who expressed reservations about restricting school districts' ability to file lawsuits to protect their local interests.

Jason Mumpower

Tennessee Comptroller who released an audit report identifying $1.1 million in potential waste and abuse by the Memphis-Shelby County Schools district.

Memphis-Shelby County Schools

The state's largest school district, which has been the target of a pending state intervention bill that the proposed legislation would bar the district from suing over.

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What they’re saying

“When school districts fail to meet accountability standards … the response should be improvement on how to address accountability measures, and not litigation.”

— Mark White, Republican chair, Tennessee House Education Committee

“Sometimes, I can tell you, this body gets it wrong.”

— Gloria Johnson, Democratic state representative

“I just have a really hard time with us constantly closing the door to the courthouse when we don't have any control over the tax dollars collected there.”

— Jody Barrett, Republican state representative

What’s next

The bill is expected to receive a floor vote in the Tennessee House next week after already passing the state Senate.

The takeaway

This proposed legislation reflects the ongoing power struggle between state control of education policy and local school districts' ability to advocate for their students' needs. While supporters argue it will improve accountability, critics warn it would effectively disarm public schools from challenging state laws they believe are harmful.