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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) The general assembly finds that:
(1) Students, teachers, employees, and contractors of public schools and LEAs do not shed their constitutional rights to freedom of speech and expression while at school or work;
(2) Protecting the right to free speech for students, teachers, employees, and contractors of public schools and LEAs promotes important state interests;
(3) The use of names, pronouns, and honorifics by students, teachers, employees, and contractors of public schools and LEAs in an educational setting is a matter of free speech or expression; and
(4) A student, teacher, employee, or contractor of a public school or LEA should never be compelled to affirm a belief with which the student, teacher, employee, or contractor disagrees.
(b) A student, teacher, employee, or contractor of a public school or LEA is not:
(1) Required to use the:
(A) Preferred name of a student, teacher, employee, or contractor of a public school or LEA, if the individual's preferred name is not the individual's legal name or a derivative thereof; or
(B) Preferred pronoun or honorific of a student, teacher, employee, or contractor of a public school or LEA, if the individual's preferred pronoun is not consistent with the individual's sex or the individual's preferred honorific is not consistent with the individual's sex;
(2) Civilly liable for using:
(A) The legal name or a derivative thereof of a student, teacher, employee, or contractor of a public school or LEA when addressing or referring to the student, teacher, employee, or contractor, even if the individual's legal name is not the individual's preferred name; or
(B) A pronoun or honorific that is consistent with the sex of the student, teacher, employee, or contractor to whom the student, teacher, employee, or contractor is referring, even if the pronoun or honorific is not the individual's preferred pronoun or honorific; or
(3) Subject to an adverse action or disciplinary action for not using:
(A) The preferred name of a student, teacher, employee, or contractor of a public school or LEA, if the individual's preferred name is not the individual's legal name or a derivative thereof; or
(B) The preferred pronoun or honorific of a student, teacher, employee, or contractor of a public school or LEA, if the individual's preferred pronoun is inconsistent with the individual's sex or the individual's preferred honorific is not consistent with the individual's sex.
(c) A public school or LEA is not civilly liable if a teacher, employee, or contractor of the public school or LEA refers to a student, teacher, employee, or contractor of the public school or LEA using:
(1) The individual's legal name or a derivative thereof, even if the individual's legal name is not the individual's preferred name; or
(2) A pronoun or honorific that is consistent with the sex of the individual to whom the student, teacher, employee, or contractor is referring, even if the pronoun or honorific is not the individual's preferred pronoun or honorific.
(d)(1) A public school, LEA, or teacher, employee, or contractor of a public school or LEA shall not require a student, teacher, employee, or contractor of the public school or LEA to provide the individual's preferred pronouns or honorifics and shall not subject a student, teacher, employee, or contractor of the public school or LEA to an adverse action or disciplinary action for refusing to provide the individual's preferred pronouns or honorifics.
(2) A teacher, employee, or contractor of a public school or LEA shall not knowingly address or refer to an unemancipated minor student who is enrolled in the public school or LEA by a name other than the student's legal name, or a derivative thereof, by a pronoun or title that is inconsistent with the student's sex, or an honorific that is not consistent with the individual's sex without first obtaining written consent to do so from the unemancipated minor student's parent or legal guardian.
(3) A teacher, employee, or contractor of a public school or LEA shall not ask a student to refer to the teacher, employee, or contractor using a pronoun that is inconsistent with the sex of the teacher, employee, or contractor, or using an honorific that is not consistent with the sex of the teacher, employee, or contractor.
(e)(1) If a public school, LEA, or a teacher, employee, or contractor of a public school or LEA requires a student, teacher, employee, or contractor of the public school or LEA to use a preferred name, pronoun, or honorific in violation of subdivision (b)(1) or subjects a student, teacher, employee, or contractor of the public school or LEA to an adverse action or disciplinary action for refusing to use a preferred name, pronoun, or honorific in violation of subdivision (b)(3), then, the student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor who was required to use a preferred name, pronoun, or honorific in violation of subdivision (b)(1) or who was subjected to an adverse action or disciplinary action for refusing to use a preferred name, pronoun, or honorific in violation of subdivision (b)(3):
(A) May file a complaint, in writing, with the director of the public charter school or the director of schools for the LEA, as applicable, alleging a violation of subdivision (b)(1) or (b)(3). A complaint must be filed with the appropriate director no later than ten (10) days from the date of the alleged violation. The director shall require the public school or LEA to remedy a violation of subdivision (b)(1) or (b)(3) no later than thirty (30) days from the date on which the complaint was filed. The appropriate director, or the director's designee, shall notify the complainant, in writing, of the steps taken by the public school or LEA to address the alleged violation; and
(B) Has a private cause of action against the public school or LEA for injunctive relief, monetary damages, and any other relief available under law, if the student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor has filed a complaint pursuant to subdivision (e)(1)(A) alleging a violation of subdivision (b)(1) or (b)(3) and the public school or LEA has failed to remedy the alleged violation. The student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor is also entitled to recover reasonable costs and attorney fees. A student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor has two (2) years from the date of the director's, or director's designee's, written notification to the complainant pursuant to subdivision (e)(1)(A) to file an action.
(2) If a public school, LEA, or a teacher, employee, or contractor of a public school or LEA violates subdivision (d)(1), then the student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor of the public school or LEA who was required to provide their preferred pronouns or honorifics or who was subject to an adverse action or disciplinary action for refusing to provide their preferred pronouns or honorifics in violation of subdivision (d)(1):
(A) May file a complaint, in writing, with the director of the public charter school or the director of schools for the LEA, as applicable, alleging a violation of subdivision (d)(1). A complaint must be filed with the appropriate director no later than ten (10) days from the date of the alleged violation. The director shall require the public school or LEA to remedy a violation of subdivision (d)(1) no later than thirty (30) days from the date on which the complaint was filed. The appropriate director, or the director's designee, shall notify the complainant, in writing, of the steps taken by the public school or LEA to address the alleged violation; and
(B) Has a private cause of action against the public school or LEA for injunctive relief, monetary damages, and any other relief available under law, if the student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor has filed a complaint pursuant to subdivision (e)(2)(A) alleging a violation of subdivision (d)(1) and the public school or LEA has failed to remedy the alleged violation. The student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor is also entitled to recover reasonable costs and attorney fees. A student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor has two (2) years from the date of the director's, or director's designee's, written notification to the complainant pursuant to subdivision (e)(2)(A) to file an action.
(3) If a teacher, employee, or contractor of a public school or LEA violates subdivision (d)(2) or (d)(3), then the student, or the student's parent or legal guardian if the student is an unemancipated minor, who was addressed or referred to in violation of subdivision (d)(2) or who was asked to refer to a teacher, employee, or contractor of the public school or LEA in violation of subdivision (d)(3):
(A) May file a complaint, in writing, with the director of the public charter school or the director of schools for the LEA, as applicable, alleging a violation of subdivision (d)(2) or (d)(3). A complaint must be filed with the appropriate director no later than ten (10) days from the date of the alleged violation. The director shall require the public school or LEA to remedy a violation of subdivision (d)(2) or (d)(3) no later than thirty (30) days from the date on which the complaint was filed. The appropriate director, or the director's designee, shall notify the complainant, in writing, of the steps taken by the public school or LEA to address the alleged violation; and
(B) Has a private cause of action against the public school or LEA for injunctive relief, monetary damages, and any other relief available under law, if the student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor has filed a complaint pursuant to subdivision (e)(3)(A) alleging a violation of subdivision (d)(2) or (d)(3) and the public school or LEA has failed to remedy the alleged violation. The student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor is also entitled to recover reasonable costs and attorney fees. A student, or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor has two (2) years from the date of the director's, or director's designee's, written notification to the complainant pursuant to subdivision (e)(3)(A) to file an action.
Cite this article: FindLaw.com - Tennessee Code Title 49. Education § 49-6-5102 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-49-education/tn-code-sect-49-6-5102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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