WeVote
Log In

Bill

Bill

HB 793

Local Education Agencies - As introduced, authorizes LEAs and public charter schools to refuse to enroll students who are unlawfully present in the United States. - Amends TCA Title 4 and Title 49.

114th Regular Session (2025-2026) Introduced by William Lamberth

Tennessee bill authorizes schools to deny enrollment to unlawfully present students, likely conflicting with federal education access requirements and creating legal/implementation challenges.

Comp. SB subst.
#localeducationagencies
0
WeVote Research Nonpartisan
Bill Summary · HB 793

Legislative bill overview

HB 793 would amend Tennessee law to allow local education agencies (school districts) and public charter schools to refuse enrollment to students who are unlawfully present in the United States. The bill modifies Tennessee Code Annotated Titles 4 and 49, which govern state administration and education respectively.

Why is this important

This bill directly affects access to public K-12 education for an estimated population of undocumented children. Current federal law (Plyler v. Doe, 1982) requires states to provide free public K-12 education regardless of immigration status, making this bill's constitutionality uncertain and potentially creating significant compliance and legal liability issues for school districts that attempt to enforce it.

Potential points of contention

  • Federal law conflict: The 1982 Supreme Court ruling Plyler v. Doe prohibits states from denying students free public K-12 education based on immigration status; enforcing this bill could expose school districts to costly federal litigation
  • Implementation burden: Schools would need to verify immigration status, creating administrative costs, potential discrimination concerns, and privacy complications around student records
  • Educational access and equity: Removes educational opportunity for vulnerable children and may create barriers to school enrollment even for eligible students due to documentation fears or confusion about requirements

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.