NASHVILLE, Tenn. (WKRN) — The Tennessee bill that would allow school districts to refuse to enroll undocumented students has a new amendment that would let families pay tuition so the student could still attend class.
The amended version of the bill would let districts verify the immigration status of every student before enrollment. If the student couldn’t provide the documentation to prove their status, the district could charge them tuition to enroll in the school. The cost would have to be at least equal to the state’s base funding amount, which for the 2023-2024 school year was $6,860.
“Currently, if you live in an adjoining county and you want to attend an LEA in a corresponding county, they can charge you tuition for that,” Sen. Bo Watson (R-Hixton) said. “We’re trying to make sure there is no difference between how that methodology works, versus how the methodology would work for someone who is here unlawfully.”
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The newly changed bill narrowly passed the Senate Education Committee Wednesday with a 5 to 4 vote.
Sen. Watson, the bill’s Senate sponsor, told reporters Thursday the changes were made, in part with the Attorney General’s help to ensure the bill was defensible in court. He emphasized the bill would only allow, not require, school districts to adopt the changes.
“There’s nothing that says you have to change anything that you’re doing today,” Sen. Watson said.
House majority leader, Rep. William Lamberth (R-Portland) told reporters he would review the Senate’s amendment over the weekend. However, he agrees with the portion to allow districts to ask about a student’s legal status, which a 1982 Supreme Court decision currently bars them from doing.
“They can ask residency questions. They can ask for a utility bill to make sure you live within that district, and that is perfectly acceptable by everyone,” Leader Lamberth said. “You’re not the responsibility of Sumner County Schools if you live in Robertson County. That’s Robertson County Schools, so if someone is here illegally, they are not the responsibility of Tennesseans to pay for their education. They are here illegally, so you need to at least be able to ask that question.”
Democrats argue not only is the bill morally wrong, but it also violates the Constitution and is begging for a lawsuit.
“I didn’t come here to pass bills that will make the state be in lawsuits,” Rep. Gabby Salinas (D-Memphis) said.
A lawsuit is the Republicans’ exact goal.
“I want this to go back to the Supreme Court, and I would hope, they ruled 5-4 before, it’s been decades, I would hope they would allow for local control and allow for state decisions on this issue, so we can at least know the scope of the issue,” Leader Lamberth said.
“Why should we not know how many people are American citizens, how many are Tennessee residents, how many are documented that are here, and how many are in the school systems that are here illegally?” Speaker of the House Cameron Sexton (R-Crossville) said. “What is wrong with trying to assess that information?”
The House version of the bill will be debated in its first subcommittee Monday. The amended Senate version will move on to the Senate Finance, Ways, and Means Committee.
