TEA Sues State Over Law Against Teaching Critical Race Theory

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The Tennessee Conservative [By Jason Vaughn] –

The Tennessee Education Association (TEA) has filed a lawsuit against the state over a law passed in 2021 placing regulations on teaching of race and gender issues in Tennessee public school classrooms.

The lawsuit, filed in federal court on Tuesday, alleges that the “prohibited concepts” law passed by the Tennessee legislature is vague, unconstitutional, and interferes with education.

The law prohibits educators from providing instruction on a number of topics, including the idea that there is inherent racism in the United States or that “an individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously.”

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

The law does not, however, prohibit all discussion on these topics. Instead, it allows for “impartial discussion of controversial aspects of history.”

Opponents claim this is not sufficient.

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

The Attorney General’s office had not yet received a copy of the lawsuit and was unable to provide comment at this time.

The TEA issued a press release that was published in its entirety at TNJ: On the Hill. The release can be read below.

NASHVILLE, Tenn. – The Tennessee Education Association and five Tennessee public school educators have filed a lawsuit against the Tennessee Commissioner of Education and members of the State Board of Education challenging the constitutionality of Public Chapter No. 493, known as the prohibited concepts law. The law prohibits teaching of core subjects in Tennessee State Standards, which puts teachers in an impossible position and deprives students of a quality education.

“There is no group of individuals more passionate and committed to ensuring Tennessee students receive a high-quality education than public school educators,” said Knox County Educator and Tennessee Education Association President Tanya T. Coats. “This law interferes with Tennessee teachers’ job to provide a fact-based, well-rounded education to their students.”

The lawsuit calls into question the unconstitutionally vague language of the law and the subjective nature of its enforcement. The law interferes with instruction on difficult but important topics included in the Tennessee State Standards, which were developed and approved by Tennesseans.

Specifically, the lawsuit claims the law fails to provide Tennessee educators a reasonable opportunity to understand what conduct it prohibits; it encourages arbitrary and discriminatory enforcement; and, as a result, it is unconstitutionally vague in violation of the Fourteenth Amendment of the U.S. Constitution. 

“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.”

The lawsuit asks the court to issue a permanent injunction against enforcement of the prohibited concepts law and declare the law unconstitutional under the Fourteenth Amendment.

“Tennessee students will fall behind their peers in other states if this law stays on the books. We are already seeing school leaders make changes to instruction and school activities due to the risk of losing state funding, facing unfair repercussions or threats to their professional standing. TEA is committed to fighting for public school educators’ right to do their job and Tennessee children’s right to a fact-based, well-rounded public education,” Coats said.

About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative  ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career.  Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others.  He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History.  Contact Jason at news@TennesseeConservativeNews.com