Republicans' proposed expansion of Tennessee’s school voucher program could fund fewer of the state’s Education Freedom Scholarships than originally expected — and come with increased tracking requirements for the immigration status of K-12 students.
In its original form, the legislation aimed to double the Education Freedom Scholarship program, bringing the total amount of vouchers offered to 40,000 and falling in line with Gov. Bill Lee’s proposed budget. While the Senate version of the bill, which is headed toward a floor vote, aligns with this initial plan, a newly adopted amendment to the House version of the bill would add only 15,000 vouchers and cap the program at 35,000.
The amendment would also tack on a requirement that public school districts must provide proof of citizenship or legal immigration status of students who leave to attend private schools as a part of the Education Freedom Scholarship program. School districts that don’t comply could lose state funding that’s typically given to schools that face disenrollment due to the voucher program.
The legislation passed in the House Finance, Ways and Means Subcommittee on Wednesday with little discussion between lawmakers.
Plans to grow Education Freedom Scholarship program clear legislative hurdles while facing opposition from both sides of the aisle
“This bill will modify the floor and create transparency as it relates to those currently being funded in our [Tennessee Investment in Student Achievement formula] school systems,” said committee Chair Ryan Williams (R-Cookeville), who sponsored the amendment.
The amendment follows House Bill 793/Senate Bill 836, a separate piece of legislation that passed the House in March and would require public schools to track the immigration status of students and report the information to the Tennessee Department of Education.
HB 793 comes as a stripped-down version of a controversial bill that passed in the Senate in 2025, which would have either barred undocumented students from attending public schools or charged them tuition — a proposal that poses a legal challenge to Plyler v. Doe, a 1982 U.S. Supreme Court ruling that guaranteed the right to public education for all children regardless of immigration status. Due to the differing House and Senate provisions in the 2025 legislation, that legislation has not moved forward.
The differences between the House and Senate versions of the voucher expansion bill could also complicate things as this year’s legislative session winds down. If the two chambers don’t come to an agreement on the legislation’s measures, the bill could die.
Both voucher expansion and immigration status tracking of students have faced extensive pushback from Democrats. But the legislation has also highlighted an intraparty divide among Tennessee Republicans, particularly when it comes to vouchers. Several rural Republicans have opposed expanding the program due to its high cost to the state and data showing a majority of the scholarships have been allocated toward students in Tennessee’s urban areas.
Rep. Jody Barrett (R-Dickson) — who also voted against the student immigration status tracking bill — introduced legislation that would have required increased data and accountability surrounding the Education Freedom Scholarship program. The effort failed in committee earlier this session.
This development comes amid Tennessee Republicans’ crackdown on immigration, outlined in a wide-ranging immigration package created with the help of the White House.
