Image Credit: TN General Assembly
The Tennessee Conservative [By Paula Gomes] –
A bill allowing school districts to deny enrollment to illegal students or charge them tuition passed in the Senate Finance, Ways, and Means Committee on Tuesday.
Having received a 7 to 4 vote in favor, Senate Bill 0836 (SB0836), sponsored by Senator Bo Watson (R-Hixson-District 11), is now on its way to the Senate floor for a final vote.
Two Republicans joined their Democrat colleagues in voting against the bill: Senators Ferrell Haile (R-Gallatin-District 18) and Page Walley (R-Savannah-District 26).
Using a powerpoint presentation, Watson referred to the exponential increase in funding for ELL education within the state as one of the reasons for his legislation.
Should the proposed legislation become law, all public schools and public charter schools in the state would be given the option to charge tuition for students whose legal status cannot be verified.
Tuition could not be less than the TISA-based funding amount for the respective year, and would not be more than the total average per pupil funding amount for any specific LEA.
Tuition would be required to be paid up front, and in full, with failure to pay resulting in the school denying enrollment.
An appeals process, overseen by the Tennessee Department of Education, would be created for students who may have a lawful presence in the United States.
Schools would also be required to track and report the number of students enrolled without providing a birth certificate to the Department of Education on an annual basis, starting this fall. That number would then be reported in turn to the Speakers of both the House of Representatives and the Senate by July 1st of each year.
If signed into law, it is almost certain to be immediately challenged in court. The intent of the bill, in part, appears to be the targeting of Plyler v. Doe (1982) which Tennessee lawmakers believe should be overturned. The U.S. Supreme Court decision ruled that states cannot deny undocumented children a free public education.
According to a fiscal note, the passage of the bill may jeopardize federal funding for education – over a billion dollars – although an exact amount at risk could not be determined.
Following the vote, protestors chose to disrupt the Senate Committee’s business leading Vice-Chairman John Stevens to call a recess and have the hearing room cleared.
After discussion with State Troopers, most protestors chose to leave but one 80-year-old woman refused to leave her seat.
State Troopers talked to the woman, activist Lynne McFarland, for ten minutes but after ascertaining that she was not going to leave voluntarily, they placed her under arrest and carried her out of the Cordell Hull Legislative Building and to a squad car waiting outside.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
