§ 49-6-1019 — Concepts prohibited from inclusion or promotion in course of instruction - Withholding of state funds upon violation

Tennessee § 49-6-1019

• Jurisdiction: Tennessee
• Title: 49

Text

(a) An LEA or public charter school shall not include or promote the following concepts as part of a course of instruction or in a curriculum or instructional program, or allow teachers or other employees of the LEA or public charter school to use supplemental instructional materials that include or promote the following concepts: (1) One (1) race or sex is inherently superior to another race or sex; (2) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously; (3) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex; (4) An individual's moral character is determined by the individual's race or sex; (5) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (6) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex; (7) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex; (8) This state or the United States is fundamentally or irredeemably racist or sexist; (9) Promoting or advocating the violent overthrow of the United States government; (10) Promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people; (11) Ascribing character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex; (12) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups; (13) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness; or (14) Governments should deny to any person within the government's jurisdiction the equal protection of the law. (b) Notwithstanding subsection (a), this section does not prohibit an LEA or public charter school from including, as part of a course of instruction or in a curriculum or instructional program, or from allowing teachers or other employees of the LEA or public charter school to use supplemental instructional materials that include: (1) The history of an ethnic group, as described in textbooks and instructional materials adopted in accordance with part 22 of this chapter; (2) The impartial discussion of controversial aspects of history; (3) The impartial instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or (4) Historical documents relevant to subdivisions (b)(1)-(3) that are permitted under § 49-6-1011 . (c) If the commissioner of education finds that an LEA or public charter school knowingly violated this section, then the commissioner shall withhold state funds, in an amount determined by the commissioner, from the LEA or public charter school until the LEA or public charter school provides evidence to the commissioner that the LEA or public charter school is no longer in violation of this section.

Legislative History

Added by 2021 Tenn. Acts, ch. 493, s 51, eff. 5/25/2021.