A pilot program that would provide state-funded scholarships for low-income students in Shelby and Davidson counties to attend private schools is unconstitutional, a panel of three appeals court judges ruled Tuesday in upholding a lower court’s ruling.

State officials signaled Tuesday that in light of the ruling, the state is considering appealing the case to the Tennessee Supreme Court. The attorney general’s office confirmed to The Center Square it is reviewing the ruling and will consult with its clients on next steps, including an appeal.