Tennessee is moving forward with legislation that would allow public schools to deny enrollment or charge tuition to undocumented students following a 19-13 vote in the state Senate.
The bill instructs public and charter schools to verify the immigration status of incoming students, a move that lawmakers acknowledge could trigger a legal challenge based on c Plyler v. Doe, the 1982 U.S. Supreme Court decision guaranteeing undocumented children access to free public education.
Opposition to the bill was voiced from both sides of the aisle, most notably by Sen. Ferrell Haile (R-Gallatin), who argued it unfairly targets children, as The Tennessean points out. Quoting scripture, Haile said: "The child will not share the guilt of the parent... I believe that we are punishing children for the wrongdoing of their parents."
Sen. Ferrell Haile, a senior Republican, also opposed the measure on moral and practical grounds, saying she believed "that we are punishing children for the wrongdoing of their parents." Similarly, Sen. Page Walley, also a Republican and a former head of the state's Department of Children's Services, claimed that "children should not be part of these kind of policy debates" and that "they should not be caught in the crossfire."
Democratic lawmakers warned that the bill will not only harm vulnerable children but also place heavy administrative burdens on school districts. "It's going to be very difficult to actually do," said Sen. London Lamar while Sen. Charlane Oliver expressed concern over the potential impact on the community:
"They didn't ask to cross over the border. They didn't ask to be brought here. Let's not pick and choose which children are worthy of our protection."
Critics are also warning that the bill could jeopardize over $1 billion in federal education funding and expose schools to civil rights litigation. The legislation's fiscal note acknowledges the risk, though proponents suggest the Tennessee Attorney General's office—not local school districts—would defend any resulting lawsuits.
The House version of the bill, which would make immigration checks optional rather than mandatory, is still moving through committees. If the two chambers pass differing versions, a reconciliation process will be required before any legislation is finalized.
Tennessee is not the only state trying to limit undocumented students' access to free, public education. As Education Week, a site dedicated to K12 education news, explained in a recent report that at least three other states (New Jersey, Oklahoma and Texas) are currently proposing similar actions with efforts in a fourth state (Indiana) currently stalled.
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