Image Credit: capitol.tn.gov
The Tennessee Conservative [By Jason Vaughn] –
Yesterday, in the Tennessee House Finance, Ways and Means Subcommittee a bill seeking to add an explicit, standing provision to the Age Appropriate Materials Act of 2022 that would give parents the ability to file claims to enforce the Act was placed behind the budget.
House Bill 1632 (HB1632) , “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.”
The bill is sponsored by Representative Gino Bulso (R-Brentwood-District 61) in the House and is carried as SB1858 by Senator Ferrell Haile (R-Gallatin-District 18) in the Senate.
Representative Bulso briefly explained the bill during the subcommittee meeting, reiterating and simplifying the bill summary.
Chairman Gary Hicks (R-Rogersville-District 9) opened up the floor for discussion among subcommittee members but none was offered.
Hicks said that, “House Bill 1632 does have a cost associated with it so we will have to place it behind the budget to consider it at a later date. Certainly look forward to having discussion.”
Hearing no objections to the motion, Hicks placed the bill behind the budget with the tap of the gavel.
The legislation’s fiscal note states, “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.”
However, it also states, “Any fiscal impact to the court system can be absorbed within existing resources and is estimated to be not significant.”
With HB1632 placed behind the budget, another hearing will likely take place later on in this legislative session at a yet to be determined time.
On the Senate side, the bill has currently made little progress with SB1858 being referred to the Senate Education Committee but not yet appearing on their calendar to be heard.
The creation of the legislation was prompted by a lawsuit filed by Bulso, in his private capacity as an attorney, on behalf of several Williamson County Parents suing the Williamson County School Board for failing to comply with the Age-Appropriate Materials Act of 2022. The lawsuit is still being litigated, and the respondents (the Williamson County Board of Education) have filed a motion to dismiss the suit for lack of standing.
The Age-Appropriate Materials Act of 2022 requires that materials that are made available in school libraries and in classrooms be put through a procedure on a regular basis and particularly when a qualified “stakeholder” raises an issue with any of those materials.
Bulso’s lawsuit was actioned in order to have 5 books that sit on middle and high school shelves removed due to their inclusion of what is, according to the law, arguably obscene content.
Williamson County Schools does have a district policy it uses to evaluate the materials that are raised by concerned parents. However, the petition filed in Williamson County Chancery Court, contends that, procedurally, it deviates from the legal standard put forth in the language of the statute, and therefore violates state law.
The lawsuit claims that the procedure utilized by the Williamson County School Board doesn’t adequately address whether the materials found in the library or in a classroom are age appropriate, which is key to determining if the procedure is compliant.
Bulso’s bill would create a mechanism that parents can use to compel compliance without having to withstand what promises to be extended and costly litigation, if it manages to work itself from behind the budget and make its way into law.
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
