NASHVILLE, Tenn. (Legal Newsline) - Tennessee educators will get to move forward with their challenge to the state's Prohibited Concepts Ban, which they argue will open them to disciplinary proceedings started by disgruntled students and parents.
Nashville federal judge Aleta Trauger on May 2 denied the motion to dismiss of the state's Department of Education, finding the Tennessee Education Association has stated a plausible theory of unconstitutionality.
The Prohibited Concepts Ban has a list of 14 ideas not to be taught in school. Among them is that Tennessee or the United States is "fundamentally or irredeemably racist or sexist." Trauger wrote that it is fine the State and DEA commissioner Lizzette Gonzalez Reynolds wanted to apply curriculum standards for controversial topics because they have tools that allow them to do so.
"What the state of Tennessee did here, however, was to bypass those ordinary tools altogether in favor of a parallel system, applicable only to a handpicked set of political viewpoints, that sacrifices collaboration and workability in favor of ideological combat," she added.
"All that the plaintiffs have asked is that, if the state of Tennessee chooses that route, it should at least do so clearly enough that educators can have some bare minimum of notice regarding what it takes to actually steer clear of violating the Act and some bare minimum of restraint on the Commissioner's power to impose her views on the students and teachers of the state."
The plaintiffs allege that the ban poses a threat to teachers who have been faced with the threat of students or parents triggering enforcement under the bill's "ill-defined standards." They further allege they risk disciplinary proceedings when teaching even subjects that are required and that teaching certain concepts, particularly about slavery, are impossible.
The plaintiffs claim the ban deprives students of information, ideas, skills and a "historical understanding" in their civic education and threatens the livelihoods of thousands of public school teachers who risk loss of their teaching licenses.