Tennessee will be able to implement a contentious school voucher program while opponents continue challenging the initiative, a three-judge panel decided just days before the new school year begins.

On Friday, attorneys representing Nashville, Shelby County — which encompasses Memphis — and families argued in court that Tennessee officials were acting in a “haphazard fashion” while rolling out the voucher program and asked that the 2019 law be blocked.

Known as education savings accounts, eligible families would be allowed to use up to approximately $8,100 in public tax dollars on private schooling tuition and other preapproved expenses.