Bill To Ensure Compliance With Tennessee’s Age-Appropriate Materials Act Stymied Because Of Perceived Fiscal Impact

Image Credit: Tennessee House Finance, Ways & Means Chair Gary Hicks takes HB1632 off notice. Image Credit: capitol.tn.gov

The Tennessee Conservative [By Paula Gomes] –

A bill that ensures compliance with the Age-Appropriate Materials Act was stymied on Wednesday because of its perceived fiscal impact, according to its sponsor.

House Bill 1632 (HB1632), sponsored by Representative Gino Bulso (R-Brentwood-District 61), enforces the Age-Appropriate Materials Act that was passed by the Tennessee General Assembly in 2022 by giving parents standing to file a civil action against Local Education Agencies or public charter schools.

Bulso told The Tennessee Conservative that he is “still working to get the bill on track” and that the House Finance, Ways, and Means Subcommittee took the bill off notice because of its “alleged fiscal effect on the budget.”

The fiscal note of the proposed legislation says that, “Any increase in civil actions may result in a mandatory increase in state and local expenditures. However, the extent and timing of any such increase cannot be reasonably determined.” In addition, the note states that any fiscal impact can be absorbed within existing resources so is not expected to be significant.

HB1632 was placed behind the budget in February and not put back on the calendar until nearly two months later, at which time, it was taken off notice. 

Even though the House version was placed behind the budget back in February, progress was made on the Senate side.

Senate Bill 1858 (SB1858), sponsored by Senator Ferrell Haile (R-Gallatin-District 18), was passed on the Senate floor with of vote of 26 to 5 in favor with only Democrats voting against it.

The legislation was prompted by a lawsuit filed by Bulso in his private capacity as an attorney on the behalf of Williamson County parents suing the county school board. The group of parents say that the Williamson County School Board failed to comply with the Age-Appropriate Materials Act. The respondents in the litigation filed a motion to dismiss the suit for lack of standing.

While the county has a district policy to evaluate the materials that are challenged by concerned parents, Bulso’s lawsuit contends that it deviates from the legal standard put forth in the language of the law thereby violating the state’s statute.

Williamson County’s procedure doesn’t adequately address the appropriateness of the materials found in libraries or classrooms within the district according to the lawsuit, which is key to determining if the county’s procedure is compliant with state law.

If Bulso’s bill were to become law, it would create a mechanism that parents can use to compel compliance without having to endure extended and costly litigation.

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.