July 26 (UPI) — A group of five teachers and the Tennessee Education Association, the state’s largest union for educators, have filed a lawsuit alleging the state’s limitations on race-related lessons are unconstitutional.
The Tennessee Department of Education’s Public Chapter No. 493, also known as the prohibited concepts law, was drafted at the end of the 2021 legislative session amid rising condemnation from Republicans over students being taught about racial struggles in schools.
The law prevents teachers from covering certain race-related issues, particularly those that relate to how conservatives view concepts of critical race theory and the pursuit of understanding how race has affected societal issues over time.
The law, which governs public schools in the state, prevents teaching that certain races and sexes are “inherently privileged” or that the United States is “fundamentally or irredeemably racist or sexist.”
It also prevents teaching that “the rule of law does not exist, but instead is series of power relationships and struggles among racial or other groups,” among other race-related topics.
“The ban purports to restrict references to race, gender, and other subjects in Tennessee public schools and public charter schools. It threatens subjective enforcement proceedings that can be initiated by any parent, student, or public school employee, and that can result in discipline, including termination and license suspension or revocation,” the lawsuit reads.
“And it denies Tennessee’s K-12 public school educators a reasonable opportunity to understand what they can teach in the classroom.”
The ban is “unconstitutionally vague,” which violates the Fourteenth Amendment of the U.S. Constitution, and poses an “imminent threat” to teachers, according to the lawsuit.
Under the law, teachers are faced with the threat that disgruntled parents will trigger an enforcement proceeding that would cause them to lose their jobs and face reputational damage simply “for teaching lessons they have taught for years.”
“Laws need to be clear. The prohibited concepts law conflicts with the state’s own academic standards and curriculum, which creates unfair risks to Tennessee teachers using state-approved materials, following state standards, and providing fact-based instruction,” said TEA president Tanya T. Coats.
“Educators have already spent countless hours trying to understand and navigate the law’s unclear requirements.”
