Discussions about issues of race, gender, discrimination, and bias often touch on controversial topics. These could include the use of certain words, terms, or labels that some people find offensive, attempts to create an atmosphere of equality that actually backfires—such as affirmative action—and whether or not racism and other prejudices are innate to human nature.

In Tennessee schoolrooms, however, it is the very discussions themselves that have erupted in controversy. Since 2021, when a new law regulating education topics took effect, K-12 instructors across the state have been prohibited from teaching any of 14 specific prohibited concepts regarding race, sex, and bias. Now, a change to that law has been proposed by Tennessee lawmakers, bringing the controversial issue back into the national spotlight.

A Quick Primer on Prohibited Concepts

Under that law, which took effect when the 2021-2022 school year began, teachers must refrain from including critical race theory (CRT) and related topics—white privilege, marginalization, unconscious bias, and other “divisive” subjects—in their lesson plans.

There are a total of 14 concepts disallowed by the law, which affects public and charter schools, but not private institutions. Critics argue that the law itself is inherently racist in its dismissal of CRT's relevance to contemporary American society. Currently, only three states (Idaho, Iowa, and Oklahoma) place legal limits on discussions of bias and race in K-12 curricula; however, several others are considering similar proposals.

Under the law, Tennessee Education Commissioner Penny Schwinn can withhold funds from schools found to be in violation of the banned concepts law. When it comes to individual teachers who broach these verboten topics, the school districts have the ultimate say—and the law permits educational boards to terminate the instructors. Additionally, their teaching licenses may be partially or fully revoked.

A New Bill Changes Who Can File Complaints

As it stands now, only certain parties can file complaints alleging violation of the restriction on prohibited concepts—students, parents, or employees of a school district or charter school community.

A recent bill introduced by Representative John Ragan of Oak Ridge and Senator Joey Hensley of Hohenwald would broaden that category. “Prohibited Concepts 2.0,” as some are calling the proposal, would allow any resident of a public school zone to file a complaint against that institution.

Have You Been Tripped Up By Tricky Topics?

The debate over what teachers can and can't teach isn't likely to be resolved anytime soon. Luckily, Attorney Joseph D. Lento and the compassionate, experienced members of his Education Law team are on hand to help. Attorney-Advisor Lento is an invaluable ally to anyone whose discussion of tricky subjects like critical race theory has gotten them into hot water. Students and instructors alike, from coast to coast, at all levels of the American educational system, have relied on the Lento Law Firm to help them achieve the best possible outcome in a variety of cases.

Contact the Lento Law Team today by calling 888.535.3686 or clicking here to submit a convenient online form describing your situation.