NASHVILLE, Tenn. (AP) — The Tennessee Court of Appeals has upheld a ruling that declared the state’s school voucher program unconstitutional.

Davidson County Chancery Court Judge Anne Martin had ruled against the law because it only applies to Memphis and Nashville.

The Tennessean reports a three-member panel of the appellate court upheld that ruling Tuesday. Under the plan, students in Davidson and Shelby school districts could attend private schools and pay for it partly with public funds.

The education savings account program is one of Gov. Bill Lee’s signature education initiatives. The General Assembly passed it in 2019 over objections of officials in Davidson and Shelby counties.