1 | 1 | | |
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2 | 2 | | HOUSE BILL 746 |
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3 | 3 | | By Fritts |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 1044 |
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6 | 6 | | By Bowling |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB1044 |
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10 | 10 | | 002132 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
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14 | 14 | | relative to public schools. |
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15 | 15 | | |
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16 | 16 | | WHEREAS, one of the duties of the General Assembly is to protect the citizen and |
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17 | 17 | | public funding base from costs that should not be borne by public funding; and |
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18 | 18 | | WHEREAS, Article XI, Section 12 of the Constitution of Tennessee clearly assigns |
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19 | 19 | | authority to the General Assembly to provide for the maintenance, support, and eligibility |
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20 | 20 | | standards for a system of free public schools; and |
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21 | 21 | | WHEREAS, the provisions of the constitution guaranteeing equal protection of the law to |
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22 | 22 | | all citizens require that the educational opportunities provided by the system of free public |
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23 | 23 | | schools be substantially equal; and |
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24 | 24 | | WHEREAS, the ability to maintain a system of free public schools is jeopardized if the |
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25 | 25 | | eligibility standards are interpreted to include all citizens of the world who are not Tennessee |
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26 | 26 | | citizens; and |
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27 | 27 | | WHEREAS, it is common to require information regarding Tennessee students as they |
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28 | 28 | | enroll to participate in free public schools and while children may attend public schools outside |
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29 | 29 | | their district, determining the residence of the child is important for numerous reasons; and |
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30 | 30 | | WHEREAS, it is a reasonable and fiscally responsible approach to require an investment |
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31 | 31 | | in the education costs for foreign children who are utilizing our system of free public schools; |
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32 | 32 | | and |
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33 | 33 | | WHEREAS, the General Assembly finds that this reasonable and fiscally responsible |
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34 | 34 | | approach provides all children an opportunity to attend schools receiving public funds in |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 002132 |
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38 | 38 | | |
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39 | 39 | | Tennessee and appropriately assigns responsibility to citizens of foreign nations to help bear |
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40 | 40 | | the cost; now, therefore, |
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41 | 41 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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42 | 42 | | SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 31, is amended by |
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43 | 43 | | adding the following as a new section: |
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44 | 44 | | (a) Except as provided in subsection (b), a parent or guardian who wishes to |
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45 | 45 | | enroll the parent's or guardian's student into an LEA or public charter school shall submit |
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46 | 46 | | one (1) of the following documents to the LEA or public charter school upon enrollment |
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47 | 47 | | of the student: |
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48 | 48 | | (1) A copy of the student's birth certificate that lists a place of birth within |
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49 | 49 | | the United States or legal territories; |
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50 | 50 | | (2) A copy of a current voter registration issued to the parent or guardian |
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51 | 51 | | and the parent's or guardian's valid driver license or photo identification license; |
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52 | 52 | | (3) A copy of a United States passport issued to the student, parent, or |
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53 | 53 | | guardian; or |
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54 | 54 | | (4) A copy of a veterans affairs identification card, a United States |
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55 | 55 | | military identification, or a DD-214 issued to the parent or guardian. |
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56 | 56 | | (b) A parent or guardian of a student is not required to submit a document to an |
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57 | 57 | | LEA or public charter school under subsection (a) if: |
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58 | 58 | | (1) The parent or guardian has previously submitted a document |
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59 | 59 | | pursuant to subsection (a) to the LEA or public charter school; or |
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60 | 60 | | (2) The parent or guardian is employed by the LEA or public charter |
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61 | 61 | | school. |
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62 | 62 | | (c) Notwithstanding subsections (a) and (b), a parent or guardian of a student |
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63 | 63 | | may register a student without presenting a document described in subsection (a) if the |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 002132 |
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67 | 67 | | |
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68 | 68 | | parent or guardian pays the LEA or public charter school in an amount equal to the |
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69 | 69 | | amount representing the per pupil state and local funds generated and required through |
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70 | 70 | | the Tennessee investment in student achievement formula for the LEA in which the |
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71 | 71 | | participating student resides. |
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72 | 72 | | (d) An LEA or public charter school shall maintain a record that a document |
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73 | 73 | | described in subsection (a) was submitted upon registration of a student. An LEA or |
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74 | 74 | | public charter school is not required to retain a copy of the document provided pursuant |
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75 | 75 | | to subsection (a). |
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76 | 76 | | SECTION 2. Tennessee Code Annotated, Section 49-6-3001, is amended by deleting |
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77 | 77 | | subsection (a) and substituting: |
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78 | 78 | | (a) Except as provided in SECTION 1, subsection (c) of this act, public schools |
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79 | 79 | | are free to all persons residing within the state who are above five (5) years of age, or |
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80 | 80 | | who will become five (5) years of age on or before August 15. |
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81 | 81 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it, |
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82 | 82 | | and applies to the 2025-2026 school year and each school year thereafter. |
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