Divided House Committee provides positive recommendation to legislation authorizing school districts to deny undocumented students

Woman holding up a sign opposing House Bill 793 (Photo by Simon Rosenbaum)

A bill giving Tennessee school districts the option to charge tuition or refuse to enroll undocumented students narrowly received a positive recommendation from the House Government Operations Committee on Monday.

The measure from Representative William Lamberth, R-Portland, would give school districts the option to require proof of legal status for students at registration. If a student cannot provide that proof, the district would be able to charge tuition or refuse to enroll them, something currently prohibited under the U.S. Supreme Court’s 1982 Plyler vs. Doe decision. Additionally, beginning with the 2025-2026 school year, the bill would require districts to document the number of students who enroll without providing a true copy of the student's birth certificate and report that number to the State Department of Education. The department would then issue a report on that information annually to the speakers of the Tennessee House and Senate.

Representative G. A. Hardaway, D-Memphis, pointed out that many families don’t know where birth certificates are, may not have access to them, or perhaps even lost them in a natural disaster, referring to widespread damage and flooding across the state from recent storms. He wanted to know what would happen to those students.

“How do we ensure that those families, citizens like you and I by birth, how do we ensure that they have an appeals process if the LEA (local education agency) should rule against them?”

Lamberth told committee members the State Board of Education would create rules outlining an appeals process. He also said the Tennessee Department of Education, not the local district, would handle the appeals, and parents would have an opportunity to explain their situation and present any documents.

“So, any documentation that they’re able to get would be able to be sent there,” Lamberth answered. “Now if you’re a student who is starting school now, it is extremely unlikely, especially if you’re born in the state of Tennessee that you would not be able to get that documentation, all that’s kept in different government entities.”

Nashville Democratic Representative John Ray Clemmons agrees the nation’s immigration system is broken but asserts legislation like this does nothing to fix it. He called the bill discriminatory and took issue with Lamberth’s insistence that the bill is aimed at easing a financial burden placed on local school districts by English language learners (ELL). He says the measure would cost the state billions of dollars and create long-term negative educational and societal implications.

“This is an education bill about punishing innocent children. This bill would drain over a billion dollars in federal funds from the state to carry out an unconstitutional policy,” said Clemmons. “And the lack of education, there is data across the board showing it can significantly impact life outcomes. Lower earning potential, increased risk of poverty, reduced access to healthcare, shorter life spans, higher risk of crime. All of these things cost the state of Tennessee money.”

Members of the public also testified before committee members about the bill, with both speakers opposing it.

Tiffany Anderson is a teacher and Bedford County resident. She says she and other educators think denying children an education is a mistake.

“House bill 793 is a direct assault on our children’s rights to free and equitable education. It has already perpetuated division and distracted from more important issues,” said Anderson. “I’ve watched my students, including undocumented students, grow up and become productive members of our community.”

Johnny Epstein is an attorney and graduate of Tennessee public schools. He told committee members the bill simply does not make economic sense.

“This bill will destroy kids’ futures while wasting resources. It makes no fiscal sense and no legal sense. Please don’t use kids as political pawns,” he said.

Following public testimony, further discussion by committee members was interrupted by protestors in the hearing room, prompting Committee Chair Justin Lafferty, R-Knoxville, to take a vote.  It received a positive recommendation on a narrow 8-7 margin, with Representative Jeremy Faison, R- Cosby, joining six Democrats on the committee voting against the legislation.

The legislation now moves on to the House Finance, Ways, and Means Committee.

The Senate version of the bill passed out of Finance, Ways, and Means last week and is awaiting a vote in the full Senate.