In a move that has ignited fervent debate, the Tennessee Senate has given the green light to a bill mandating school districts to ascertain the citizenship status of their students.
The contentious legislation has sparked protests, leading to the removal of several community members from the Capitol by law enforcement. It's important to note that the bill does not compel school districts to implement the policy or refuse student enrollment.
The legislative decision was made on April 10, with 19 senators endorsing the bill and 13 opposing it. Despite the Republican majority in the chamber, the bill faced significant resistance, even from within the party itself. Notably, at least seven GOP senators voted against the bill, arguing that it unjustly targets children for decisions beyond their control.
State Sen. Ferrell Haile, R-Gallatin, expressed his disapproval, stating, I believe that we are punishing children for the wrongdoing of their parents. I dont think thats the proper way to do it.
According to Straight Arrow News, critics of the bill have also voiced concerns about its constitutionality, referencing the 1982 U.S. Supreme Court ruling, Plyler v. Doe. This ruling prohibits states from denying children access to public education based on their immigration status. During the debate, several lawmakers cautioned that the bill could potentially instigate legal challenges.
State Sen. Bo Watson, R-Hixson, the bill's sponsor, defended the legislation, citing the dissenting opinions in the Plyler v. Doe case. He argued that the bill is a fiscally responsible measure, pointing to the $36 million Tennessee spends annually to educate students residing in the country illegally.
The bill, as it currently stands, would necessitate public and charter schools to verify a student's citizenship or legal immigration status prior to enrollment. Students would be required to present documentation proving their U.S. citizenship, ongoing process of obtaining citizenship, or valid immigration or visa status.
In the event that families are unable to provide this documentation, schools could impose tuition fees or deny enrollment once all appeals have been exhausted. However, students must be permitted to enroll during the appeal period and cannot be expelled until it concludes.
The legislation would also mandate each school district to establish a uniform tuition rate for students who fail to meet the legal status criteria. This tuition must be paid in full prior to enrollment. The state's Department of Education would oversee appeals, and all related records would be kept confidential.
The bill also carries a warning that it could potentially jeopardize federal funding for local school districts and public charter schools. However, due to several unknown variables, the extent and timing of the potential impact on funding remain uncertain.
The bill is now set to be debated in the House, where it is expected to face similar contention. With approximately two weeks remaining before the end of the 2025 legislative session, the law, if passed, would come into effect in the 2025-26 school year, subject to rules from the Tennessee State Board of Education.
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