Section 0520-12-04-.03 - PROHIBITED CONCEPTS(1) The following concepts are Prohibited Concepts that shall not be included or promoted in a course of instruction, curriculum and instructional program, or in supplemental instructional materials: (a) One (1) race or sex is inherently superior to another race or sex;(b) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;(c) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex;(d) An individual's moral character is determined by the individual's race or sex;(e) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;(f) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;(g) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex;(h) This state or the United States is fundamentally or irredeemably racist or sexist;(i) Promoting or advocating the violent overthrow of the United States government;(j) Promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;(k) Ascribing character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex;(l) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;(m) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness; or(n) Governments should deny to any person within the government's jurisdiction the equal protection of the law.(2) Notwithstanding subsection .03(1), LEAs and public charter schools are not prohibited from including or promoting concepts as part of a course of instruction, in a curriculum and instructional program, or through the use of supplemental instructional materials if those concepts involve: (a) The history of an ethnic group, as described in textbooks and instructional materials adopted in accordance with Tennessee Code Title 49, Chapter 6, Part 22;(b) The impartial discussion of controversial aspects of history;(c) The impartial instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or(d) Historical documents relevant to subdivisions .03(2)(a)-(c) that are permitted under T.C.A. § 49-6-1011.Tenn. Comp. R. & Regs. 0520-12-04-.03
Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective 8/10/2022.Authority: T.C.A. §§ 49-1-201 and 49-6-1019.