Section 51 of Chapter 493 of the Public Acts of 2021, now codified at Tenn. Code Ann. § 49-6-1019, prohibits certain concepts from being included or promoted as part of a course of instruction or in a curriculum or instructional program or included in supplemental instructional materials used by public schools in Tennessee. The department promulgated emergency rule 0520-12-04, that became effective on November 8, 2021, and remains in effect through May 7, 2022, providing how the department will implement the new law. The emergency rule includes requirements for each local education agency (LEA) and public charter school and the process for filing a complaint alleging an LEA or public charter school has violated Tenn. Code Ann. § 49-6-1019.

The emergency rule requires that complaints alleging concepts prohibited by Tenn. Code Ann. § 49-6-1019 are being or have been included or promoted in a course of instruction, curriculum, and instructional program, or in supplemental instructional materials of an LEA or public charter school, must be filed with the LEA or public charter school in which the allegation(s) arose on the complaint form provided by the Department.

The rule requires LEAs and public charter schools to post the complaint form provided by the department for filing a complaint alleging violations of T.C.A. § 49-6-1019 on the LEA or public charter school’s website.

Here is the complaint form provided by the department.

General complaints about the subject matter or age appropriateness of textbooks and instructional materials that do not allege that concepts are being or have been included or promoted in a course of instruction, curriculum, instructional program, or in supplemental instructional materials of an LEA or public charter school, in violation of Tenn. Code Ann. § 49-6-1019, must be filed with the LEA or public charter school pursuant to the LEA or public charter school’s locally adopted policy for addressing such complaints.

The rule may also be accessed via a link on the Tennessee State Board of Education’s website with all other education rules: https://publications.tnsosfiles.com/rules/0520/0520-12/0520-12-04.20211108.pdf

The department will be promulgating a permanent rule to take effect when the emergency rule expires on May 7, 2022. The promulgation process will include a public hearing.

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Prohibited Concepts in Instruction