House subcommittee advances legislation that would let school districts deny undocumented students

House committee room (Photo by Sky Arnold)

Tennessee House K-12 Subcommittee leaders abruptly ended Tuesday morning’s meeting, following a vocal reaction to the 5 to 3 vote advancing legislation designed to challenge a U.S. Supreme Court ruling that prevents schools from turning away undocumented students.

Following the vote, spectators began chanting, “Education for all,” and ignored requests from security to remain quiet and take their seats.

Representative William Lamberth (Photo by the Tennessee General Assembly)

Representative William Lamberth’s, R-Portland, bill would give school districts the option to refuse to enroll students that do not have legal immigration status. That’s not allowed currently under the U.S. Supreme Court’s 5-4 Plyer vs. Doe decision.

“It is false hope to give children the best education available in the world and then tell them that they can be licensed professionals, they can be doctors, they can be lawyers, they can be accountants, they can run for office, because it is not true. If they are illegally present, their dreams at some point will have a ceiling,” said Lamberth.

The legislation differs from its Senate counterpart that narrowly advanced last week on a 5-4 vote that would allow school districts the option of charging tuition to undocumented students. 

Lamberth framed the bill as an attempt to give local school districts more information and more control over the costs of educating undocumented students.

 “With this bill, there is nobody that will force any school district to disenroll even one child,” said Lamberth. “I fully anticipate that throughout this state there will counties that say, look we don’t wish to check that information. And if they don’t wish to do so, that’s entirely their call. But there will be other counties that say, look we are very limited on our resources.”

Damian Jimenez (left) speaking to the subcommittee (Screenshot)

The bill faced pushback from teachers and sixth-grader Damian Jimenez who all provided testimony to subcommittee members.

Jimenez said he is the son of immigrant parents and worries how this bill might impact students.

“The right to an education should not be taken away from us because of our immigration status,” said Jimenez. “Let us be kids because we only dream and use our imagination. As God’s children we deserve respect and passion before you make your choice.”

Subcommittee members also heard from Middle Tennessee English second language (ESL) teacher Jean Myers who called the legislation a “direct assault” on children’s rights.

“For over 40 years we’ve been secure in the knowledge that all students could get a free quality public education. That their freedom to learn was protected under the law,” said Myers. “This bill is an attack on our values as Tennesseans and on our children.”

Representative Mark White, R-Memphis, joined Democratic representatives Yusuf Hakeem, D-Chattanooga, and Sam McKenzie, D-Knoxville, in voting against the bill.

It now heads to the House Education Committee.