Tennessee sued over 'prohibited concept' law regulating race, gender topics in schools

The Tennessee Education Association is suing the state over a 2021 law that regulates instruction on race and gender in classrooms, alleging in a complaint the law is unconstitutionally vague and interferes with education on "difficult but important" subjects.

Five Tennessee teachers joined the TEA in the lawsuit, which was filed Tuesday night in federal court.

“There is no group of individuals more passionate and committed to ensuring Tennessee students receive a high-quality education than public school educators,” Tennessee Education Association President Tanya Coats said in a statement. “This law interferes with Tennessee teachers’ job to provide a fact-based, well-rounded education to their students.”

Legislative Republicans passed the measure, often referred to as the "prohibited concepts" law, amid a national fervor over "critical race theory," a decades-old academic theory usually taught in higher education that became a political lightning rod in 2021. The theory examines how legal and societal frameworks are affected by systemic racism.

Lawmakers at the time couldn't point to any specific examples of CRT being taught in Tennessee K-12 schools.

The law bans instruction of a number of concepts, including that the United States is inherently racist or that “an individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously.”

Outside the Tennessee State Capitol Building in Nashville , Tenn., Monday, Feb. 27, 2023.
Outside the Tennessee State Capitol Building in Nashville , Tenn., Monday, Feb. 27, 2023.

The law still allows for "impartial discussion of controversial aspects of history," though a number of Democratic lawmakers in 2021 expressed concern the law could affect legitimate instruction of difficult topics such as slavery and its impact on the country.

Students, parents and employees of Tennessee public or charter schools are allowed under the law to file an official complaint if they believe a prohibited concept has been taught, which triggers an investigation.

The lawsuit alleges the law encourages arbitrary enforcement.

“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,” Coats said. “Educators have already spent countless hours trying to understand and navigate the law’s unclear requirements.”

A spokesperson for Attorney General Jonathan Skrmetti said the office has not yet received a copy of the lawsuit and could not comment.

Reach Melissa Brown at mabrown@tennessean.com.

This article originally appeared on Nashville Tennessean: Tennessee sued over 'prohibited concept' law on race, gender topics