By Marta W. Aldrich | Chalkbeat
Tennessee’s largest teacher organization has joined with five public school educators to legally challenge a 2-year-old state law restricting what they can teach about race, gender, and bias in their classrooms.
Their lawsuit, which was filed late Tuesday in a federal court in Nashville by lawyers for the Tennessee Education Association, maintains the language in the 2021 law is unconstitutionally vague and that the state’s enforcement plan is subjective.
The complaint also charges that Tennessee’s so-called “prohibited concepts” law interferes with instruction on difficult but important topics included in the state’s academic standards. Those standards outline state-approved learning goals, which dictate other decisions around curriculum and testing.
| Plaintiffs in TEA lawsuit challenging Tennessee prohibited concepts law Rebecca Dickenson, librarian, Eagleton Elementary School, Blount County Schools Mary McIntosh, recently retired social studies teacher, Central High School, Memphis-Shelby County Schools Michael Stein, English teacher, Coffee County Central High School, Coffee County Schools Kathryn Vaughn, visual arts teacher, Brighton Elementary School, Tipton County Schools Roland Wilson, music teacher and choir director, Central High School, Memphis-Shelby County Schools |
The lawsuit is the first legal challenge to the controversial state law that was among the first of its kind in the nation. The law passed amid a conservative backlash to America’s reckoning over racism after the 2020 murder of George Floyd by a white police officer in Minneapolis and subsequent anti-racist protests.
Rep. John Ragan of Oak Ridge, one of the Republican sponsors of the legislation, argued the law was needed to protect K-12 students from being “indoctrinated” with social concepts that he and other lawmakers considered misguided and divisive such as critical race theory. That academic framework, which surveys of teachers suggest are not being taught in K-12 schools, is more commonly found in higher education to examine how policies and the law perpetuate systemic racism.
Tennessee’s GOP-controlled legislature overwhelmingly passed the legislation in the final days of their 2021 session, just days after the bill’s introduction. Gov. Bill Lee quickly signed it into law, and later that year, the state education department set rules for enforcement. If found in violation, teachers can be stripped of their licenses and school districts can lose state funding.
Only a small number of complaints have been filed and no penalties levied during the law’s first two years on the books. But Ragan has introduced new legislation that would widen eligibility for who can file a complaint.
The lawsuit seeks to overturn the law and asks for a court order against its enforcement.
The complaint claims the statute fails to give Tennessee educators a reasonable opportunity to understand what conduct and teachings are prohibited.
“Teachers are in this gray area where we don’t know what we can and can’t do or say in our classrooms,” said Kathryn Vaughn, a veteran teacher in Tipton County, near Memphis, and one of five educators who are plaintiffs in the case.
“The rollout of the law — from guidance to training — has been almost nonexistent,” Vaughn added. “That’s put educators in an impossible position.”