Three families of children with disabilities sued to prevent the state from closing down the Tennessee Virtual Academy.

TVA is one of the lowest performing schools in the state. The virtual charter school is operated by K12, Inc., the for-profit corporation founded by Michael and Lloyd Milken and listed on the New York Stock Exchange.

Under state law, Tennessee’s education commissioner has the authority to close the school if it ranks among the worst performers for three consecutive years. The school has consistently been ranked 1 on a 5-point scale, with 1 being the worst and 5 the best, since it opened in 2011. Critics have called it a failure and said the for-profit corporation that provides the curriculum is more interested in making money than educating children.

It would be interesting to learn who is paying the legal fees for these families.