CLARKSVILLE, TN (CLARKSVILLE NOW) – The Clarksville-Montgomery County School Board this week voted down a resolution that would have opposed a state bill allowing schools to deny enrollment to children without legal immigration status.
The resolution, introduced by District 1 board member Carol Berry, would have formally opposed HB 793/SB 836, a bill that would deny enrollment or charge tuition for undocumented children.
When the measure failed 2-3 Tuesday night, with 1 abstention, the audience in the board room erupted into angry shouts of “Why do ya’ll hate children?” and chanting, “Education for all.”
What is House Bill 793?
House Bill 0793 and Senate Bill 0836 were introduced earlier this year by Rep. William Lamberth and Sen. Bo Watson. In the original version, the bill would have allowed public and charter schools to deny enrollment or charge tuition to children who could not prove U.S. citizenship or lawful immigration status.
After facing early pushback, both the House and Senate bills were amended.
The Senate version, which passed that chamber in early April, required all public schools to verify the immigration status of every student enrolled. The House version, however, made that verification optional. Both versions still permitted schools to charge tuition or deny enrollment to undocumented students.
According to a WKRN article, the bill was “put behind the budget” due to concerns that the bill’s passing could have a fiscal impact on Tennessee’s $1.1 billion education funds from the federal government. As a result, the bill was paused and the Legislature adjourned for the year, but it is still on the table and could be voted on in the 114th General Assembly’s second session in 2026.
Motion to postpone indefinitely is ‘out of place’
On Oct. 21, the CMCSS school board meeting room was packed with supporters of a local resolution that opposes HB 0793.
Berry said the resolution affirms the rights of all children to get a free and equitable public education. Berry said, “I would ask the support of this board because it is the right thing to do for our children.”
Aron Maberry, both a board member and state representative in the 114th General Assembly, explained that the bill’s goal was to help fix the immigration system by breaking it, because students who are not legal immigrants can’t recieve state or federal funds for college.
Maberry told the board, “Our immigration system is broken. His (Lamberth’s) goal is to challenge that, to break it, so that ultimately, Congress will fix it.” Maberry said the board has no need to focus on partisan politics. “This board’s focus should be on our school district and not on a House bill that isn’t even moving through the state House right now, and it may not ever.”
“Board, let’s stay focused on Clarksville-Montgomery County, our schools and our students,” Maberry said. “This is a state issue. So, respectfully to the sponsor of the resolution (Berry) I’m going to move to postpone this motion indefinitely.”
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“I really think that that motion is out of place,” Jimmie Garland, board member, disagreed. “Every child in Montgomery County is a child of CMCSS. It doesn’t matter where they were born, who they were born to.
“I think this is something we should address, and we should address it now, and we should address it in the affirmative that we do oppose such a draconian suggestion,” Garland said, “that a child living in Tennessee cannot get an education simply because of who they were born to.”
Maberry’s motion to postpone the resolution did not carry.
Berry demands compassion, audience warned against disruptions
“In my father’s dream, I just can’t imagine why a School Board member would be against children getting a public education,” Berry then glared down the row of board members and raised her voice,”It just bewilders me! Yes, I said it.”
“This board ought to be compassionate!” she exclaimed as the audience applauded. “This board ought to care about children! This board ought to care about children being educated! This is not right, and I’m going to speak against it.”
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As discussion among the board continued, there were several comments shouted, loud talking and interjections of applause or jeering from the audience. Maberry called for a point of order.
“I just wanted to say there’s been multiple violations of the observation gallery today,” Maberry pointed out. “Making noise. They are there to observe, not to participate. This board, we were elected to participate, and I would love it if we could ask the observation gallery to do just that.”
Board Chairman Chris Lanier agreed and addressed the room. “Just like we’ve said before, the observation gallery is the observation gallery. Please keep your comments to yourself and let us discuss.”
Vote fails to pass, meeting room erupts in outrage
After a lengthy discussion, the board took Berry’s resolution opposing HB 0793 to a vote. The vote failed 2-3. Berry and Garland voted yes. Kacie Bryant, Lanier and Maberry voted no. Kent Griffy abstained. The District 3 board seat remained empty following former board member Herb Nelson’s retirement.
The meeting room was quiet for a few seconds following the results, then an audience member stood up and shouted, “Shame on this school board for not supporting children! This is a disgrace, these are kids!”
“Why do you hate children, Aron?” another yelled, “and Kacie and Chris: Why do y’all hate children?”
The room erupted into shouting, and some cursing and insults, as members of the audience began to exit the room. Lanier asked for law enforcement to escort about 20 to 30 protesting audience members out of the building.
From in the halls, an echoing chant could be heard: “Education for all.”
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