Tennessee Bill Allowing Schools to Deny Undocumented Students is Advancing

NASHVILLE (March 17) — Tennessee lawmakers are advancing legislation that would allow public schools to deny enrollment to undocumented students, directly challenging a 1982 U.S. Supreme Court ruling and placing over $1.1 billion in federal education funding at risk.

House Bill 0793 (HB 0793) and Senate Bill 0836 (SB 0836), sponsored by House Majority Leader William Lamberth (R-Portland) and Sen. Bo Watson (R-Hixson), would authorize local education agencies (LEAs) and public charter schools to refuse enrollment unless families provide proof of U.S. citizenship, legal immigration status, or visa documentation. Schools would have the option to charge tuition instead of providing free public education to undocumented students.

This marks the first time Tennessee has pursued a direct challenge to Plyler v. Doe (1982), the Supreme Court decision that struck down state efforts to deny public education to undocumented children. That ruling has shaped public school enrollment policies for over 40 years, requiring states to provide K-12 education regardless of immigration status.

The Tennessee Department of Education receives more than $1.1 billion in federal education funding annually. According to a fiscal analysis from the Tennessee General Assembly, the legislation could place these funds at risk, as Title VI of the Civil Rights Act prohibits discrimination based on national origin in programs receiving federal funding. Federal allocations at stake include $408 million under the Every Student Succeeds Act and $255 million for special education.

The House K-12 Subcommittee advanced HB 0793 in a 5-3 vote on March 11, drawing immediate protests from education and immigrant rights groups. Demonstrators disrupted proceedings at the Cordell Hull Building, opposing what they describe as a violation of federal law. Supporters argue the bill grants local districts control over enrollment policies and limits state funding obligations for undocumented students.

This legislation represents a shift in Tennessee’s approach to public education access. If enacted, it could lead to legal challenges similar to those seen in Alabama (2011) and Texas (1975), where courts ruled against state efforts to impose restrictions on undocumented students. Even in districts with low undocumented enrollment—such as those in rural areas including Carroll, Weakley, and Henry Counties—statewide financial implications could arise if federal education funding is impacted.

HB 0793 is part of a series of legislative measures reshaping Tennessee’s public education system. The combination of this bill, the state’s expanded school voucher program, and increasing charter school enrollments represents a $1.69 billion shift in education funding.

Alongside the $1.1 billion in federal funds at risk, the newly expanded voucher program is projected to cost $447 million annually. Additionally, charter school growth is expected to redirect at least $150 million per year from district budgets.

These changes could have financial implications for public school operations across Tennessee, affecting staffing, class sizes, and available student resources.

SB 0836 is scheduled for review by the Senate Finance, Ways, and Means Committee on March 18. If approved, the legislation will move to the full House and Senate for final votes. Legal challenges are expected if the bill is signed into law.