Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0218

Introduced
1/17/25  

Caption

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 51; Title 49 and Title 67, relative to the "Universal Pre-K Funding Act."

Summary

HB0218, titled the "Universal Pre-K Funding Act," would convert Tennessee’s pre-kindergarten system from a voluntary, funding-limited model to a statewide universal pre-K program for eligible four-year-olds served by local education agencies (LEAs). It removes language stating pre-K is voluntary on a limited basis and instead requires each LEA to provide enough classrooms to serve all eligible children in its area, with enrollment still remaining voluntary for families. The bill sets program standards including maximum class size, licensed early childhood teachers, educational assistants with specified credentials or experience, a minimum instructional day, curriculum requirements, developmental learning components, and compliance with state board rules. To finance the expansion, the bill creates a new tax on digital advertising services. It imposes a 9.5% data transaction privilege tax on annual gross revenues from digital advertising services in Tennessee for businesses with at least $50 million in assessable base, with estimated tax filings, recordkeeping, penalties, and rulemaking provisions. All tax revenue, except 0.5% reserved for administration and enforcement, would be deposited into a new universal pre-K fund and used exclusively to fund, establish, and maintain universal pre-kindergarten in public and public charter elementary schools. The bill also directs annual reporting on pre-K program status and allows LEAs to partner with nonprofit, for-profit, and Head Start providers, subject to certain quality restrictions. The bill would substantially amend Tennessee Code Annotated Titles 49 and 67 by creating a dedicated funding stream for pre-K and by mandating statewide service capacity for eligible children. It also changes teacher evaluation provisions for pre-K and kindergarten teachers, requires public reporting, and establishes a new tax administration framework under the Department of Education and Department of Revenue. The effective dates are staggered, with most pre-K provisions applying to the 2026-2027 school year and the tax beginning January 1, 2026. Because there are no committee transcripts or recorded votes provided, the overall sentiment cannot be measured from official discussion or roll-call history. Based on the bill text alone, the measure appears strongly supportive of expanded early childhood education and universal access, while also reflecting a policy choice to fund that expansion through a targeted tax on large digital advertising businesses. The framing in the findings section suggests the sponsor views the bill as an economic development and equity measure tied to child care access, labor force participation, and school readiness. The main likely point of contention is the new digital advertising tax. The bill targets large online platforms and ad-driven companies, which may raise concerns about tax burden, pass-through costs, interstate commerce, administrative complexity, and whether the tax is legally or economically appropriate. Another potential issue is the mandate that LEAs provide enough classrooms for all eligible children, which could create operational and staffing challenges if funding, facilities, or qualified personnel are insufficient. Supporters are likely to emphasize universal access, family affordability, and child development benefits, while critics may focus on the new tax and the feasibility of implementing a statewide universal pre-K entitlement-like system.

Impact

The bill would amend Tennessee’s pre-kindergarten statutes to require LEAs to offer universal pre-K capacity for all eligible four-year-olds in their service areas, while preserving family choice by keeping enrollment voluntary. It would also establish detailed program standards, authorize partnerships with outside providers under quality conditions, and require annual reporting on program availability and participation. In addition, it would create a new tax chapter imposing a 9.5% privilege tax on digital advertising revenues above a $50 million threshold and dedicate nearly all of the proceeds to a new universal pre-K fund, thereby creating a new revenue source and administrative structure within state tax law.

Sentiment

No committee transcripts or vote history were provided, so there is no recorded legislative debate or roll-call sentiment to summarize. From the bill text, the measure is clearly framed in a positive, expansion-oriented way, with findings emphasizing child care access, labor force participation, school readiness, and equity for low-income families and children of color. The overall tone suggests strong support for universal pre-K as a public investment, paired with a targeted revenue mechanism aimed at large digital advertising firms.

Contention

The most notable likely contention is the proposed digital advertising tax, which would fall on large online platforms and ad-driven businesses and could be criticized as a novel or burdensome tax structure. Opponents may also question the use of a tax tied to digital data transactions and the felony penalties for noncompliance. On the education side, the requirement that every LEA provide enough classrooms and staff to serve all eligible children could be seen as ambitious and potentially difficult to implement, especially in areas facing teacher shortages, facility constraints, or uneven provider capacity. Supporters, by contrast, are likely to prioritize universal access, affordability, and long-term child and family benefits.

Companion Bills

TN SB0270

Crossfiled AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 51; Title 49 and Title 67, relative to the "Universal Pre-K Funding Act."

Previously Filed As

TN SB0270

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 51; Title 49 and Title 67, relative to the "Universal Pre-K Funding Act."

TN HB2008

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 51; Title 49 and Title 67, relative to pre-kindergarten.

TN SB2512

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 51; Title 49 and Title 67, relative to pre-kindergarten.

TN SB0802

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 51; Title 37, Chapter 5, Part 5; Title 49 and Title 71, Chapter 3, relative to early learning.

TN HB0841

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 51; Title 37, Chapter 5, Part 5; Title 49 and Title 71, Chapter 3, relative to early learning.

TN SB6001

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 49; Title 8 and Title 49, relative to the Education Freedom Act of 2025.

TN HB6004

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 49; Title 8 and Title 49, relative to the Education Freedom Act of 2025.

TN SB2404

AN ACT to amend Tennessee Code Annotated, Title 4 and Title 49, relative to early education.

TN HB2426

AN ACT to amend Tennessee Code Annotated, Title 4 and Title 49, relative to early education.

TN HB1979

AN ACT to amend Tennessee Code Annotated, Title 4; Title 43; Title 49; Title 57; Title 67 and Title 71, relative to child care.

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