Board counsel outlines Title IX status, Education Freedom Act details and immigration guidance for schools

Chris McCarthy, counsel for the Cumberland County Board of Education, briefed the board on three legal areas residents have asked about: Title IX and recent federal rulemaking and litigation; the state Education Freedom Act (EFA) and associated teacher bonuses; and immigration enforcement guidance for schools.

Title IX and recent rulemaking

McCarthy reviewed the legal background and recent changes. He said a 2024 U.S. Department of Education rule that would have read Title IX protections to include sexual orientation and gender identity was blocked in federal court and has not gone into effect in Tennessee. He summarized that, as of the meeting, the department’s most recent guidance and federal court rulings mean local officials should not treat Title IX as including gender identity or sexual orientation protections in Tennessee schools.

State Education Freedom Act, scholarships and teacher bonuses

McCarthy summarized provisions of the state’s Education Freedom Act (the scholarship/voucher legislation) as they currently stand and flagged open implementation questions. He said the legislature set aside $145.9 million to fund approximately 20,000 scholarships in the first year; half of those scholarships are reserved for households meeting an income threshold tied to 300% of federal free-and-reduced-lunch guidelines (the transcript cited the baseline federal figure but the precise combined-household threshold was not fully specified in the meeting). He emphasized that the law, as enacted, directs scholarship funding to eligible households to pay tuition to the private school that accepts the student; the state did not send funds directly to private schools as a general practice.

McCarthy also explained a separate section that conditions $2,000-per-teacher state payments on the local school board adopting a resolution that certifies the district will pass the money on to eligible K–12 teachers (the district must submit that resolution to the state by the statute’s deadline). He said the statute as written limits the state bonus to K–12 classroom teachers who meet the state’s employment definitions for the 2024–25 school year and that the department of education will need to issue further guidance—e.g., whether employees on leave, interim replacements, counselors who occasionally teach, or pre-K staff qualify for the bonus.

Immigration enforcement and schools

McCarthy summarized existing federal precedent (Plyler v. Doe) and federal privacy protections (FERPA) and recommended district procedures if immigration agents or other law-enforcement personnel appear at a school. He advised staff to require proper identification and a legal basis (warrant, subpoena, or court order) before releasing student records and to route inquiries to administration and the central office rather than classroom teachers. He said schools should document requests and follow FERPA and other legal safeguards before disclosing records. He also said there had been no known examples of immigration raids on schools in Tennessee and urged the board to rely on written orders and to protect student privacy while cooperating where a judicial order is presented.

Open questions for implementation

McCarthy told the board that the state education department is likely to issue guidance filling in logistical details for the scholarship program and teacher payments (for example, procedures for submitting eligible employees). He also noted that local adoption of a board resolution does not permanently bind a future board from taking a different position, though the resolution is the step the state requires to distribute the $2,000-per-teacher funds through the district.

Board members asked clarification questions about eligibility, timing and whether passage of the resolution would require changes to district policy or the local budget; McCarthy said board action would be required to accept the funds and to determine whether the district extends equivalent payments to employees the state does not cover (for example, pre-K staff or classified employees).