Image Credit: TN General Assembly
The Tennessee Conservative [By Olivia Lupia] –
Becoming one of the more controversial bills of the 2025 legislative session, HB0793/SB0836, designed to allow school districts to disenroll or charge illegal students tuition, lost its momentum and is considered dead for the year.
The legislation would have required all public and public charter schools to verify a student’s legal status during enrollment, and if the status could not be verified through documentation, allow LEAs and public charter schools to charge tuition not less than the TISA-based funding amount for the year.
If the parents of the illegal student failed to pay the tuition, enrollment could be denied, though the bill would have also created appeals processes through the Tennessee Department of Education for students who may have a lawful presence in the country.
Sponsors of HB0793, including Majority Leader William Lamberth (R-Portland-District 44), also made clear their intent to have the law challenged in court in an effort to overturn Plyler v Doe, a 1982 Supreme Court decision guaranteeing free education to all children regardless of citizenship status, which has been widely panned by Republicans.
Advocates of the legislation also noted the financial burdens on schools for costs of English learning programs and the contradiction of educating students who ultimately would be unemployable because of their status as illegal immigrants. They also emphasized the point that enacting the consequences would be entirely optional, left to the discretion of local LEAs and school boards.
The Senate version, SB0836, Carried by Senator Bo Watson (R-Hixson-District 11), passed 19-13 with division amongst Republicans.
Several RINOs, like Senator Todd Gardenhire voted against the measure, while Sen. Mark Pody, a known conservative, said, “In my heart, I couldn’t vote against the kids. It wasn’t the kids’ fault, they’re here because of what their parents or guardians did, it wasn’t because of what they did,” in a recent interview with The Tennessee Conservative.
Since the bill’s inception it faced protest from Democrat lawmakers, citizens, and organizations, with disputes occasionally becoming so disruptive audience members had to be removed by state troopers or committee meetings were abruptly recessed.
Lisa Sherman Luna, executive director of the Tennessee Immigrant & Refugee Rights Coalition who testified against the bill as it moved through the committee process, commented, “This is a major victory – and it belongs to all the children, parents, educators, faith leaders, business owners, veterans, partner organizations, and the bipartisan coalition of Republicans and Democrats who stood up for education for all children.”
Additionally, the Hamilton County Principal’s Association and Hamilton County Board of Education opposed the legislation alongside a coalition of pastors, Christian faith leaders, and faith-based nonprofits who decried the bill as unwelcoming and against Christ’s teachings of loving neighbors as ourselves.
Ultimately, the legislation was stalled primarily over concerns about its fiscal note which stated federal funding could be jeopardized because Title VI of the Civil Rights Act of 1964 extends protections to “undocumented” individuals, per the note.
Because of the fiscal note, the bill was placed behind the budget, a death sentence for many pieces of legislation. Lamberth then requested Tennessee’s Fiscal Review Executive Director send a letter to U.S. Education Secretary Linda McMahon to determine whether the state could lose $1.1 billion in federal funds if the legislation passed.
Without a response from the Department of Education, the House chose not to revive the bill on Tuesday, April 22, the last day of the 2025 legislative session, thereby killing it for the year.
However, according to the Tennessee Lookout, Leader Lamberth signaled his intent to pursue the legislation, saying he won’t pull the bill until the two-year session of the 114th General Assembly is truly and finally adjourned and it can be reconsidered in 2026.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
