SENATE BILL 1044
By Bowling
HOUSE BILL 746
By Fritts
HB0746
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AN ACT to amend Tennessee Code Annotated, Title 49,
relative to public schools.
WHEREAS, one of the duties of the General Assembly is to protect the citizen and
public funding base from costs that should not be borne by public funding; and
WHEREAS, Article XI, Section 12 of the Constitution of Tennessee clearly assigns
authority to the General Assembly to provide for the maintenance, support, and eligibility
standards for a system of free public schools; and
WHEREAS, the provisions of the constitution guaranteeing equal protection of the law to
all citizens require that the educational opportunities provided by the system of free public
schools be substantially equal; and
WHEREAS, the ability to maintain a system of free public schools is jeopardized if the
eligibility standards are interpreted to include all citizens of the world who are not Tennessee
citizens; and
WHEREAS, it is common to require information regarding Tennessee students as they
enroll to participate in free public schools and while children may attend public schools outside
their district, determining the residence of the child is important for numerous reasons; and
WHEREAS, it is a reasonable and fiscally responsible approach to require an investment
in the education costs for foreign children who are utilizing our system of free public schools;
and
WHEREAS, the General Assembly finds that this reasonable and fiscally responsible
approach provides all children an opportunity to attend schools receiving public funds in
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Tennessee and appropriately assigns responsibility to citizens of foreign nations to help bear
the cost; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 31, is amended by
adding the following as a new section:
(a) Except as provided in subsection (b), a parent or guardian who wishes to
enroll the parent's or guardian's student into an LEA or public charter school shall submit
one (1) of the following documents to the LEA or public charter school upon enrollment
of the student:
(1) A copy of the student's birth certificate that lists a place of birth within
the United States or legal territories;
(2) A copy of a current voter registration issued to the parent or guardian
and the parent's or guardian's valid driver license or photo identification license;
(3) A copy of a United States passport issued to the student, parent, or
guardian; or
(4) A copy of a veterans affairs identification card, a United States
military identification, or a DD-214 issued to the parent or guardian.
(b) A parent or guardian of a student is not required to submit a document to an
LEA or public charter school under subsection (a) if:
(1) The parent or guardian has previously submitted a document
pursuant to subsection (a) to the LEA or public charter school; or
(2) The parent or guardian is employed by the LEA or public charter
school.
(c) Notwithstanding subsections (a) and (b), a parent or guardian of a student
may register a student without presenting a document described in subsection (a) if the
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parent or guardian pays the LEA or public charter school in an amount equal to the
amount representing the per pupil state and local funds generated and required through
the Tennessee investment in student achievement formula for the LEA in which the
participating student resides.
(d) An LEA or public charter school shall maintain a record that a document
described in subsection (a) was submitted upon registration of a student. An LEA or
public charter school is not required to retain a copy of the document provided pursuant
to subsection (a).
SECTION 2. Tennessee Code Annotated, Section 49-6-3001, is amended by deleting
subsection (a) and substituting:
(a) Except as provided in SECTION 1, subsection (c) of this act, public schools
are free to all persons residing within the state who are above five (5) years of age, or
who will become five (5) years of age on or before August 15.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it,
and applies to the 2025-2026 school year and each school year thereafter.