Lawsuits test whether Tennessee school boards group must keep records public
NASHVILLE, Tenn. (WZTV) — Should the public be able to inspect the records of a private organization that receives nearly 90% of its funding from public entities and helps train Tennessee school board members?
That question is now at the center of two lawsuits involving the Tennessee School Boards Association, or TSBA.
The Beacon Center of Tennessee filed a lawsuit Tuesday in Davidson County Chancery Court asking a judge to declare that TSBA remains subject to the Tennessee Public Records Act. The Goldwater Institute is assisting Beacon with the case.
The lawsuit points to a 2020 ruling that declared TSBA the “functional equivalent of a governmental agency.” The court found that records in TSBA’s possession, including training materials, communications regarding legislative agendas and positions on education law and funding, were public records.
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Dave Roland, director of allied litigation at the Goldwater Institute, said transparency is important because of TSBA’s public funding and role in training elected school board members.
“Where you have an organization like this, where almost 90% of their revenue is coming from taxpayers, that absolutely is a situation where taxpayers have a right to know what’s being done with the money that they’ve contributed,” Roland said.
State law directs TSBA to develop a program educating elected school board members about Tennessee’s open-meetings laws. It also gives the association a role in developing model ethical standards for school districts.
The new lawsuit says TSBA currently provides 22 of the 31 school board training courses approved by the State Board of Education. Those courses represent 123 of the 160.5 approved training hours, according to the complaint.
TSBA, however, argues that significant changes since 2020 mean it should now be treated as a private membership organization.
In April, TSBA filed its own lawsuit against Tennessee resident Peter Maher after he requested records involving the association’s membership, dues, legal services and lobbying. TSBA is asking the court to declare that it is no longer subject to the public records law.
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In its complaint, TSBA said its exclusive training contract with the state expired in June 2023 and was not renewed. The association said it no longer receives state reimbursement for school board training and is no longer the only organization allowed to submit courses for state approval.
TSBA acknowledges that approximately 90% of its funding comes from public entities. However, it argues that the money consists of membership and service fees paid by school boards, not state grants or donations.
“School boards pay for the TSBA’s services just as they would with any private entity,” the association argued in its lawsuit.
The dispute expanded after Beacon submitted its own public records request in July seeking documents involving the Tennessee Education Freedom Scholarship Act, open-meetings laws and TSBA’s training and guidance to school districts.
According to Beacon’s lawsuit, TSBA responded that it did not believe it was the functional equivalent of a governmental entity but offered to provide some of the requested records for an estimated $390.30.
Beacon did not pay the charge. Its lawsuit argues that TSBA’s use of a fee schedule established under the public records law conflicts with its position that the law does not apply to the organization.
Beacon is asking the court to reaffirm the 2020 ruling and declare that TSBA must disclose records when it receives a valid public records request.
FOX 17 News requested an interview or written response from TSBA and asked the association to address its legal status, public funding and handling of the two records requests. As of publication, TSBA had not responded.
Both cases remain pending in Davidson County Chancery Court. Roland said it could take several months, or possibly more than a year, before the court rules on whether TSBA remains subject to the Tennessee Public Records Act.