by Anita Wadhwani, Tennessee Lookout
April 7, 2025

More than two dozen Chattanooga business owners are condemning a bill to require student immigration background checks in Tennessee’s public schools as “economically reckless.”

The Tennessee Small Business Alliance represents restaurants, real estate firms, retail stores and other local employers operating within the district represented by Sen. Bo Watson. 

Watson, a Republican, is cosponsoring the legislation to require proof of legal residence to enroll in public K-12 and charter schools.  The bill would also give public schools the option of charging tuition to the families of children unable to prove they legally reside in the United States – or to deny them the right to a public education altogether. 

House Leader William Lamberth of Gallatin is a co-sponsor of the bill, which has drawn significant — but not unanimous — support from fellow Tennessee Republicans. Lamberth’s version of the bill differs from Watson’s in that it would make it optional — rather than mandatory — to check students’ immigration status in all of Tennessee’s more than 1700 public schools.  

Bill to bar certain immigrant kids from Tennessee public schools advances in Senate

The bill, one of the most controversial being considered during the 2025 Legislative session, has significant momentum as the Legislature winds down for the year even as it has drawn raucous protests at times.  The legislation will next be debated on Monday in a House committee.

A statement released by the business alliance described the legislation as a “political stunt that’s cruel, economically reckless, and completely out of step with local values.”

Citing estimates compiled by the nonprofit advocacy organization, American Immigration Council, the statement noted that more than 430,000 immigrants in Tennessee paid $4.4 billion in taxes – more than $10,000 per immigrant.  

Watson, in an emailed statement from Chattanooga public relations firm Waterhouse Public Relations, said his bill “raises important questions about the financial responsibility of educating undocumented students in Tennessee—questions that have long gone unaddressed.”

The statement said the Supreme Court’s 1982 decision in Plyler v. Doe, which established the right to a public school education for all children regardless of immigration status, has “never been re-examined in the context of today’s challenges.” The statement said Watson is committed to a “transparent, fact-driven discussion about how Tennessee allocates its educational resources and how federal mandates impact our state’s budget and priorities.”

Watson has previously also said the legislation was prompted, in part, by the rising costs of English-language instruction in the state’s public schools.

Democrats have criticized that argument as based on inaccurate assumptions that English language learners lack legal immigration status.

Kelly Fitzgerald, founder of a Chattanooga co-working business and one of 27 employers that signed onto the statement of condemnation, criticized lawmakers.”

“Do our representatives believe that undocumented children — who had no say in their immigration status — should be denied a public education, even though their families already pay taxes that fund our schools?” said Fitzgerald, whose own children attend Hamilton County Public schools

“My children are receiving a great education in our public schools, and I want every child to have the same rights and opportunities as mine do,” she said. 

“In my opinion, this is not something our legislators should be spending their resources on when there are much larger issues at hand in the current environment,” she said. “We should leave children out of the conversation.”

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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by Shauneen Miranda, Tennessee Lookout
April 3, 2025

This story was updated at 6:44 p.m. EDT.

WASHINGTON — The U.S. Department of Education demanded in a letter to state education leaders on Thursday that they certify all K-12 schools in their states are complying with an earlier Dear Colleague letter banning diversity, equity and inclusion practices if they want to keep receiving federal financial assistance.

The department’s sweeping order gives K-12 state education agencies 10 days to collect the certifications of compliance from local school governing bodies, and then sign them and return them to the federal department.

The new demand stems from a February letter threatening to rescind federal funds for schools that use DEI, or race-conscious practices, in admissions, programming, training, hiring, scholarships and other aspects of student life.

Craig Trainor, the department’s acting assistant secretary for civil rights, said “federal financial assistance is a privilege, not a right,” in a statement Thursday.

“When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements,” Trainor said. He added that “unfortunately, we have seen too many schools flout or outright violate these obligations, including by using (diversity, equity and inclusion) programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.”

He did not cite examples in the statement.

Trainor said the department “is taking an important step toward ensuring that states understand — and comply with — their existing obligations under civil rights laws and Students v. Harvard.”

In the February letter, Trainor offered a wide-ranging interpretation of a U.S. Supreme Court ruling in 2023 involving Harvard University and the University of North Carolina. The nation’s highest court struck down the use of affirmative action in college admissions.

Trainor wrote that though the ruling “addressed admissions decisions, the Supreme Court’s holding applies more broadly.”

The four-page letter raised a slew of questions for schools — from pre-K through college — over what exactly falls within the requirements. 

The department later released a Frequently Asked Questions document on the letter in an attempt to provide more guidance.

In the document, the department noted that it’s prohibited from “exercising control over the content of school curricula” and “nothing in Title VI, its implementing regulations, or the Dear Colleague Letter requires or authorizes a school to restrict any rights otherwise protected by the First Amendment.”

The agency also clarified that “programs focused on interests in particular cultures, heritages, and areas of the world” are allowed as long as “they are open to all students regardless of race.”

Teachers unions react

Meanwhile, legal challenges are already underway against the Dear Colleague letter, including one spearheaded by the American Federation of Teachers and another from the National Education Association. 

“In the middle of a school year, the president is trying to bully the very same school districts that he insisted, just a few weeks ago, should be in charge of education,” Randi Weingarten, president of the American Federation of Teachers, said in a Thursday statement.

Weingarten added that “this is a power grab and a money grab — and it’s also blatantly unlawful.”

“We know the administration wants to divert federal education funds into block grants, vouchers or tax cuts, but it’s simply not legal; only Congress can do that. Further, federal statute explicitly prohibits any president from telling schools and colleges what to teach, and funds cannot be withheld on the basis of Title VI Civil Rights Act claims without due process,” she said. 

In a Thursday statement, Becky Pringle, president of the National Education Association, said “educators and parents know that teaching should be guided by what is best for students, not by threat of illegal restrictions and punishment.”

“That is why we sued the Trump administration — and we stand by our lawsuit,” she said.

“This latest action by the Trump administration to shut down free speech and coerce educators to abandon inclusive practices at school remains illegal and unconstitutional as we pointed out in our legal filing,” she added. 

Last updated 5:44 p.m., Apr. 3, 2025

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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