REPORT: State approves school voucher laws, excluding children of illegal aliens

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From the Associated Press: Gov. Bill Lee on Wednesday signed legislation designed to drastically expand school voucher access throughout the Volunteer State that will allow families to use taxpayer dollars on private school expenses regardless of income.

However, while the $447 million initiative has been touted as a “universal” program for anyone interested, Republican leaders included a key provision: Students living in the country illegally will be prohibited from participating.

According to the new law — which goes into effect July 1 — Tennessee’s Department of Education “shall deny” any school voucher application where the family “cannot establish the eligible student’s lawful presence in the United States.” It’s unclear how the state plans on confirming legal residency. The school voucher proposal doesn’t contain instructions on checking immigration status. A spokesperson for the department did not immediately respond to an email from The Associated Press.

“What’s most important to know is that this language doesn’t change anything about the state’s obligation as it currently stands to educate children,” Lee told reporters on Wednesday after signing the bill into law during a ceremony. “But for this scholarship, it’s only available to Tennessee citizens.”


The report explains that 20,000 education vouchers, worth $7,000 each are available in the new program for the 2025-26 school year. However, the vouchers are not available to students who can’t prove they are legally in the United States.

Half of the vouchers are reserved for less fortunate students, such as those who are lower income or disabled, but the remaining 10,000 vouchers would be available for any student entitled to attend a public school.

Republican lawmakers in Tennessee have introduced separate legislation which would allow both local and private schools to opt out of enrolling any child who is “unlawfully present” in the U.S. This is a direct challenge to a 1982 ruling by the U.S. Supreme Court which said states cannot deny students a free public education because of immigration status.

Gov. Lee announced last Wednesday, “Today, I signed the Education Freedom Act into law, making Universal School Choice a reality in TN. Many thanks to the families, advocates & members of the General Assembly who championed this legislation to deliver choices for parents & greater opportunity for students.”

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