Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1044 Compare Versions

Only one version of the bill is available at this time.
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22 HOUSE BILL 746
33 By Fritts
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55 SENATE BILL 1044
66 By Bowling
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99 SB1044
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1313 AN ACT to amend Tennessee Code Annotated, Title 49,
1414 relative to public schools.
1515
1616 WHEREAS, one of the duties of the General Assembly is to protect the citizen and
1717 public funding base from costs that should not be borne by public funding; and
1818 WHEREAS, Article XI, Section 12 of the Constitution of Tennessee clearly assigns
1919 authority to the General Assembly to provide for the maintenance, support, and eligibility
2020 standards for a system of free public schools; and
2121 WHEREAS, the provisions of the constitution guaranteeing equal protection of the law to
2222 all citizens require that the educational opportunities provided by the system of free public
2323 schools be substantially equal; and
2424 WHEREAS, the ability to maintain a system of free public schools is jeopardized if the
2525 eligibility standards are interpreted to include all citizens of the world who are not Tennessee
2626 citizens; and
2727 WHEREAS, it is common to require information regarding Tennessee students as they
2828 enroll to participate in free public schools and while children may attend public schools outside
2929 their district, determining the residence of the child is important for numerous reasons; and
3030 WHEREAS, it is a reasonable and fiscally responsible approach to require an investment
3131 in the education costs for foreign children who are utilizing our system of free public schools;
3232 and
3333 WHEREAS, the General Assembly finds that this reasonable and fiscally responsible
3434 approach provides all children an opportunity to attend schools receiving public funds in
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3939 Tennessee and appropriately assigns responsibility to citizens of foreign nations to help bear
4040 the cost; now, therefore,
4141 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
4242 SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 31, is amended by
4343 adding the following as a new section:
4444 (a) Except as provided in subsection (b), a parent or guardian who wishes to
4545 enroll the parent's or guardian's student into an LEA or public charter school shall submit
4646 one (1) of the following documents to the LEA or public charter school upon enrollment
4747 of the student:
4848 (1) A copy of the student's birth certificate that lists a place of birth within
4949 the United States or legal territories;
5050 (2) A copy of a current voter registration issued to the parent or guardian
5151 and the parent's or guardian's valid driver license or photo identification license;
5252 (3) A copy of a United States passport issued to the student, parent, or
5353 guardian; or
5454 (4) A copy of a veterans affairs identification card, a United States
5555 military identification, or a DD-214 issued to the parent or guardian.
5656 (b) A parent or guardian of a student is not required to submit a document to an
5757 LEA or public charter school under subsection (a) if:
5858 (1) The parent or guardian has previously submitted a document
5959 pursuant to subsection (a) to the LEA or public charter school; or
6060 (2) The parent or guardian is employed by the LEA or public charter
6161 school.
6262 (c) Notwithstanding subsections (a) and (b), a parent or guardian of a student
6363 may register a student without presenting a document described in subsection (a) if the
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6868 parent or guardian pays the LEA or public charter school in an amount equal to the
6969 amount representing the per pupil state and local funds generated and required through
7070 the Tennessee investment in student achievement formula for the LEA in which the
7171 participating student resides.
7272 (d) An LEA or public charter school shall maintain a record that a document
7373 described in subsection (a) was submitted upon registration of a student. An LEA or
7474 public charter school is not required to retain a copy of the document provided pursuant
7575 to subsection (a).
7676 SECTION 2. Tennessee Code Annotated, Section 49-6-3001, is amended by deleting
7777 subsection (a) and substituting:
7878 (a) Except as provided in SECTION 1, subsection (c) of this act, public schools
7979 are free to all persons residing within the state who are above five (5) years of age, or
8080 who will become five (5) years of age on or before August 15.
8181 SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it,
8282 and applies to the 2025-2026 school year and each school year thereafter.