Tennessee pauses bill targeting right to education regardless of immigration status

Republican lawmakers in Tennessee have paused a bill meant to challenge the constitutional right for children to attend public schools regardless of their immigration status.

NASHVILLE, Tenn. — Republican lawmakers in Tennessee have paused a bill meant to challenge the constitutional right for children to attend public schools regardless of their immigration status. Instead, with time waning in the legislative session, they are asking U.S. officials for guidance on whether the bill would jeopardize federal education funding.

The direction announced Monday by House Majority Leader William Lamberth, the bill sponsor, diminishes the chances for the bill to pass this year as lawmakers prepare for a likely adjournment this week. The Tennessee Journal first reported on Lamberth’s decision.

Hundreds of children have packed the Tennessee Capitol this year to oppose the bill that takes aim at the protection established by the landmark 1982 U.S. Supreme Court decision in Plyler v. Doe. That decades-old decision struck down a Texas law that sought to deny enrollment to any student not “legally admitted” into the country.

The Republican-controlled Tennessee Senate has already passed a version of the bill, which would require proof of legal residence to enroll in public K-12 public schools and would give school districts the option — but not the requirement — of turning away students who fail to provide proper documentation or to charge them tuition. The House version, which remains idle in a subcommittee, differs by letting public schools check immigration status, rather than requiring it.

Lamberth noted that Tennessee receives approximately $1.1 billion in federal education money annually.