NASHVILLE, Tenn. (WTVF) — A bill that would require school districts to potentially ask children about their citizenship status was approved in the Senate on Thursday.
The vote was 19-13, meaning it wasn't down Republican and Democratic party lines.
Those in the gallery started screaming after the vote.
"Anymore outbursts and you'll be removed and arrested," Lt. Gov. Randy McNally said, gaveling hard at the dais.
"Y'all are going to burn in hell," a person from the gallery screamed.
This bill has been contentious at every turn. Troopers have had to physically remove those people against the bill from committee rooms. It's also resulted in the arrest of an 80-year-old woman whom troopers carried out for refusing to leave the room.
As written, the Senate bill means all districts have to ask and collect the citizenship info but does not require them to deny enrollment. In the House versions, school districts have the ability to make the decision of whether they want to participate in this legislation of asking students their legal status. Republicans and Democrats urged their members to vote their conscious.
State Sen. Bo Watson (R-Hixon) and House Majority Leader William Lamberth (R-Portland) are carrying the bill. Watson said it doesn't prohibit homeschooling or districts from not adopting this as a policy. He said nonprofits could pay the tuition for kids in need of tuition money for districts that require it.
The vote will go against Plyler v. Doe, a Supreme Court of the United States decision that says schools cannot deny any undocumented child access to the K-12 education because it violated the Equal Protection Clause of the Constitution.
"Modern education, like medical care, is enormously expensive, and added costs will fall on the state," Watson said, quoting dissenting justices of the SCOTUS decision in 1982. "This is about finances. The added costs for this is $35 million per year, and I submit it's growing every year. I believe that's an underestimated, when you think about food and other things. It's been argued they pay sales and property taxes, but we don't know if it offsets the additional costs. Since the Plyler decision, we have been forced to pay the additional costs."
But Watson wasn't joined by all his Republican colleagues in agreeing with him.
"I don't think anyone is undecided. It's not a secret to anyone in here about my passion for children," State Sen. Gardenhire (R-Chattanooga) said while trying to hold back tears. "We've been blessed in Hamilton County as far as I can remember. We were friends with this bill, and we will be friends afterward. If we weren't, our wives would kill both of us. This is a bill we do not need, and it won't pay dividends for children."
Others said they were voting no because they didn't believe children should be in the middle of a political argument like this.
Sen. Ferrell Haile quoted the Old Testament book of Ezekiel. "The child will not share the guilt of the parent, nor the parent share the guilt of the child," Haile said during debate. "I believe that we are punishing children for the wrongdoing of their parents. I don’t believe that’s the proper way to do."
"I want to recognize and applaud the sponsor of this bill," State Rep. Page Walley (R-Savannah) said. "No one has greater integrity for the fiscal well-being. I do rise to state my opposition. I wanted to give context. One of my proudest moments was in 1996 when I stood in the Senate chamber watching and presenting important legislation. We were creating the Department of Children's Services. That's the hardest job in all of state government. In my mind, we have a noble history that children shouldn't be caught in the crossfire."
Democrats also quoted Christian scriptures and their faith. "As a born-again Christian, if we truly believe that, we must have same compassion for undocumented children. They didn't ask to be brought here. We have to keep the consistent moral logic," Sen. Charlane Oliver (D-Nashville) said.
"Think about what God says in the Bible and do the right thing," said Sen. London Lamar (D-Memphis.)
Per the fiscal note in the Senate, this could decrease funding for public schools.
"As a condition of receiving federal funds, the DOE must sign assurances that it will comply with federal civil rights laws such as Title VI. Violations of federal civil rights laws may place this funding at risk, however, the specific amount at risk is undetermined," financial analyst Bojan Savic wrote to lawmakers.
Right now, the Tennessee Department of Education receives $1.1 billion in funding.
Those figures break down to:
- $408,042,600 for the Every Student Succeeds Act
- $255,559,500 for the Individuals with Disabilities Act
- $28,511,100 for the Carl Perkins Act
- $413,672,600 for School Nutrition
This bill isn't yet law. It's scheduled to be on the House Finance, Ways and Means subcommittee next week. The two chambers also have slightly different versions, so work may have to be done to make the two versions identical so it can pass on to the Governor for his signature.
Speaking of, Tennessee Governor Bill Lee said Thursday he wouldn't comment on the controversial legislation. "Our team doesn't really look at [legislation] until it's headed to our desk," Gov. Lee said.
Do you have more information about this story? You can email us at emily.west@newschannel5.com or chris.davis@newschannel5.com.
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