An immigration education bill giving districts options on educating undocumented children passed the Senate subcommittee with a 7-4 vote on April 1.
House Bill 793 passed a House subcommittee in an 11-7 vote on March 27 and made its way to the Senate subcommittee as Senate Bill 836. The bill gives districts the right to check the residency status of K-12 students. Districts can choose to establish one of two policies for undocumented students:
- Districts may allow the student to continue public education.
- Districts may deny the student free public education, but offer tuition-based, private options — a charter school or a local education association.
House Majority Leader William Lamberth and Sen. Bo Watson co-sponsored the bill. The legislation could risk violating Supreme Court precedents and civil rights laws.
The Supreme Court case Plyler v. Doe in 1982 established the right to an equal education for all students regardless of immigration status, which directly contradicts Lamberth and Watson’s legislation. The Civil Rights Act of 1964 established sweeping legislation that prevented discrimination based on a variety of factors, such as nationality and race.
Tennessean outcry reached new heights as gallery protesters stood and sang “God Bless the Little Children” as the committee left the hearing room. State troopers removed four protesters, including Lynne McFarland, an 80-year-old activist who wouldn’t leave the Senate committee floor.
Now, the bill moves to the full Senate for further deliberation.
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