Bill Ensuring Compliance With Tennessee’s Age-Appropriate Materials Act Passes House Education Committee (Update 2.19.24)

***Update 2.19.24 – HB1632 has been placed on the calendar for the House Finance, Ways & Means Subcommittee for 2/21/24. To voice your support or opposition to the bill, find the subcommittee members contact info HERE and contact them prior to the meeting.***

Following A Line Of Questions And A Deferral Request From Democrats, A Bill That Clarifies The Age-Appropriate Act Of 2022 Passed The Tennessee House Education Administration Committee.

Image: Representative Gino Bulso Image Credit: capitol.tn.gov

The Tennessee Conservative Staff –

The House Education Administration Committee considered House Bill 1632 (HB1632), sponsored by Representative Gino Bulso (R-Brentwood-District 61), on Wednesday.

The legislation, “As introduced, gives a parent of a child who attends, or who is eligible to attend, a school operated by a local education agency or a public charter school standing to file a civil action against the LEA or public charter school in a chancery court of competent jurisdiction to enforce the Age-Appropriate Materials Act of 2022. – Amends TCA Title 49, Chapter 6, Part 38.”

Bulso began by explaining that the bill simply clarifies who can enforce the Age-Appropriate Materials Act of 2022.

Chairman Mark White (R-Memphis-District 83) introduced an amendment to the bill that would stipulate that the bill does not give parents the right to appeal decisions made by the LEA after a procedure for challenged materials has been followed.

White withdrew the amendment, however, after Bulso noted that the bill does not address what claims can be made but only who can bring those claims. 

Representative Sam McKenzie (D-Knoxville-District 15) then brought up a line of questioning similar to what he had asked in the K-12 Subcommittee. McKenzie’s concern was that the wording of the bill allows parents of private school students to bring a lawsuit against public schools.

The committee went out of session to consult with legal who confirmed that the legislation does only reference bringing lawsuit against a public school or a public charter school; it does not authorize anyone to bring a lawsuit against private schools. 

After quite a bit of back and forth and requests to confirm understanding, Sean McMinn with the office of legal services stated that the legislation would authorize anyone who has a child that would be eligible to attend can bring that lawsuit.

Representative Harold Love (D-Nashville-District 58) then asked for a definition of “eligible” to which legal responded that they would have to get back to them on that.

Love then requested that the bill be pushed for a week until legal could provide that definition but Bulso countered that “eligible” referred to anyone who had a right to attend the school.

Representative Bryan Richey (R-Maryville-District 20) then called question on the bill, and White called for a voice vote in which he determined that the bill did pass the committee and would be moved on to the House Finance, Ways, and Means Committee.

Representatives McKenzie, Love, and Parkinson (D-Memphis-District 98) requested to be recorded as voting against the bill.