NASHVILLE, Tenn. — A bill that would allow Tennessee school districts to charge tuition for undocumented students has passed the Tennessee Senate, sparking widespread protests and debate. The legislation, known as Bill 386, directly challenges the 1982 U.S. Supreme Court ruling in Plyler v. Doe, which prohibits school districts from denying undocumented children access to free public K-12 education.
The bill, sponsored by House Majority Leader William Lamberth (R-Portland) and Senator Bo Watson (R-Hixson), would require families to provide documentation proving their child’s legal residency in the U.S. If parents are unable to provide such documentation, school districts would have the option of charging them tuition for their child’s education.
Proponents Defend Financial Responsibility
Supporters of the bill argue that it is necessary for financial reasons. Senator Watson, one of the bill’s sponsors, defended the measure as a necessary step to address the state’s growing financial burden. He pointed to the approximately $300 million Tennessee spends annually on educating English as a second language (ESL) students, many of whom are believed to be undocumented.
“This is a financial issue,” Watson said during the Senate debate. “States have not either been allowed or haven’t taken the energy to wrestle with this issue.”
Republicans in favor of the bill argue that the state has a right to know the immigration status of students in order to allocate resources more effectively. They emphasize that while not all ESL students are undocumented, the financial implications of educating this group should be carefully considered.
Opponents Condemn the Measure
Opponents of the bill, however, decried it as an immoral and unjust punishment of children for the actions of their parents. Demonstrators gathered outside the State Capitol and filled the rotunda inside, holding signs that read “Let us learn” and “Education for all.” Many argued that the legislation unfairly targets vulnerable children who had no control over their immigration status.
Senator Ferrell Haile (R-Gallatin), who voted against the bill, made an emotional appeal during the debate. “The child will not share the guilt of the parent, nor the parent share the guilt of the child,” he quoted from the Bible. “I believe that we are punishing children for the wrongdoing of their parents.”
Senator Charlane Oliver (D-Nashville) also voiced strong opposition, citing a biblical passage from Matthew 25: “Whatever you did for one of the least of these, brothers and sisters of mine, you did for me.” She argued that the state should show compassion to undocumented children, who, in her view, are not responsible for their parents’ actions.
Protests Erupt Following Senate Vote
After the bill passed the Senate by a 19-13 vote, protests erupted both inside and outside the chambers. Lawmakers were forced to address chants and disruptions from demonstrators who strongly opposed the measure. Inside the Senate, the Speaker, Lt. Gov. Randy McNally (R-Oak Ridge), warned protestors that they would be removed or arrested if they continued disrupting the session.
Despite the protests, Watson maintained that the bill was not aimed at harming children but rather at addressing a financial issue for the state. “I don’t think any member who voted for this has animus towards children,” Watson said. “It’s just a false narrative.”
Next Steps
The bill now heads to the House Finance, Ways, and Means Committee for further debate. If passed by the committee and the full House, it could soon become law, though legal challenges are expected due to its potential conflict with federal rulings like Plyler v. Doe.
Leader William Lamberth, one of the bill’s sponsors, has suggested that if the measure passes, undocumented students could either be sent to sanctuary cities or return to their home countries—though critics argue that such options would leave many children without education.
As the bill moves closer to becoming law, it is clear that the issue of undocumented students in Tennessee schools is far from settled, with strong emotions on both sides of the debate.
