Nashville, TN (WOKI / WVLT) A new bill filed Tuesday in the Tennessee legislature would allow public and charter schools across the state to either enroll or refuse to enroll undocumented students.

The language in Senate Bill 836 and House Bill 793 “authorizes Local Education Agencies (LEAs) and public charter schools to refuse to enroll students who are unlawfully present in the United States.”

Republican Representative William Lamberth is sponsoring the House version of the bill while Republican Senator Bo Watson is sponsoring the Senate version.

The bill could challenge a 1982 U.S. Supreme Court ruling wherein states cannot constitutionally deny students a free public education based on their immigration status. The court ruling in Plyler v. Doe held that states cannot deny public education to undocumented children unless a substantial state interest is involved.

The high court based its ruling on Section 1 of the 14th Amendment of the U.S. Constitution which states “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

If the bill passes both the House and Senate, it will become effective as soon as it is signed into law.

Tennessee lawmakers passed an immigration bill during last week’s special called session. The bill would do four things:

• Provide incentives for promoting the enforcement of federal immigration
• Criminally penalize or remove officials who adopt sanctuary policies
• Create an immigration enforcement division within the Department of Safety
• Require non-citizens to have a temporary driver’s license instead of a standard license, to help determine voter eligibility