HB 793 - SB 836
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 28, 2025
Fiscal Analyst: Alan Hampton | Email: alan.hampton@capitol.tn.gov | Phone: 615-741-2564
HB 793 - SB 836
SUMMARY OF BILL: Authorizes a local education agency (LEA) or public charter school
to enroll, or refuse to enroll, a student who is unlawfully present in the United States.
FISCAL IMPACT:
OTHER FISCAL IMPACT
The proposed legislation may jeopardize federal funding to the state and to local governments.
However, due to multiple unknown factors, the extent and timing of any decrease in federal funding
cannot be determined with certainty.
Assumptions:
• It is unknown how many students are unlawfully present in the United States and who may
enroll in Tennessee public schools. It is further unknown how many schools may refuse to
enroll such students.
• Any decrease in enrollment as a result of the proposed legislation will be reflected in the
TISA funding formula in the following school year. It is assumed that any decrease in TISA
funding will be offset with savings associated from not having to educate the student.
• Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or
national origin in programs or activities that receive federal financial assistance.
• According to the United States Department of Justice, Civil Rights Division, the
discrimination protections in Title VI apply to undocumented individuals in the United
States.
• As a condition of receiving federal funds, the Department of Education (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.
• The DOE receives $1,105,785,800 in federal education funding as follows:
o $408,042,600 for the Every Student Succeeds Act;
o $255,559,500 for the Individuals with Disabilities Act;
o $28,511,100 for the Carl Perkins Act; and
o $413,672,600 for School Nutrition.
HB 793 - SB 836 2
• The proposed legislation may also jeopardize federal funding received by LEAs and public
charter schools. Due to multiple unknown factors, the extent and timing of any such
decrease cannot be determined with certainty.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director