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Bill

SB 836

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 Bo Watson

Authorizes Tennessee schools to refuse enrollment to unlawfully present students, likely conflicting with federal constitutional protections established in Plyler v. Doe.

Re-refer to S. Cal Comm
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Bill Summary · SB 836

Legislative bill overview

SB 836 would authorize Tennessee local education agencies (LEAs) and public charter schools to refuse enrollment to students who are unlawfully present in the United States. The bill amends state education law to give schools discretionary power over immigration status-based admission decisions.

Why is this important

This bill directly affects school enrollment practices and creates potential barriers to K-12 education access based on immigration status. The policy has significant implications for student populations, school funding mechanisms (which often depend on enrollment numbers), and the legal obligations of public institutions.

Potential points of contention

  • Federal law conflict: The 1982 Supreme Court decision in Plyler v. Doe established that states cannot deny students free K-12 public education based on immigration status. This bill's constitutionality is questionable and may trigger federal litigation.
  • Implementation ambiguity: Schools would need mechanisms to verify immigration status, raising questions about enforcement procedures, privacy concerns, and potential discrimination in application processes.
  • Funding and equity implications: Reduced enrollment affects state funding formulas and may disproportionately impact rural or economically disadvantaged districts that educate larger immigrant populations.

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

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