Republican Representative Gino Bulso Has Filed A Bill That Aims To Create A Mechanism That Parents Can Use To Compel Compliance With Tennessee’s Age Appropriate Materials Act Of 2022, Without Having To Withstand Extended And Costly Litigation.
Image Credit: Government of Prince Edward Island / CC
The Tennessee Conservative [By Kelly M. Jackson] –
As the General session is just around the corner, a flurry of bills have already been filed on behalf of Tennesseans by their duly elected state representatives.
Among them, is House Bill 1632 (HB1632), filed by Williamson County State Representative Gino Bulso (R-D61-Brentwood) whose caption text states: Education – 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 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 Tennessee Conservative Reached out to Bulso, who responded when asked about the reasons why he felt this legislation was needed.
“The purpose of HB1632 is simply to clarify that a parent has standing under the Age-Appropriate Materials Act of 2022 to file a civil action to seek redress for an LEA’s failure to comply with the Act. Currently, the Act has no express civil enforcement mechanism,” Bulso said.
The lawsuit filed by Bulso is still being litigated, and the respondents, the Williamson County Board of Education, has filed a motion to dismiss the suit for lack of standing.
Bulso addressed the board’s motion to dismiss, “Through its attorneys, the WCBOE filed a motion to dismiss the case based upon an alleged lack of standing… HB1632, if enacted into law, will eliminate an LEA’s ability to delay well-founded litigation in this manner.”
The suit 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.
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.
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 procedure utilized by 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.
The new bill, if voted into law, will create a mechanism that parents can use to compel compliance, without having to withstand what promises to be extended and costly litigation.
We will continue to watch this bill as it makes its way through the legislative process and report on its progress.
About the Author: Kelly Jackson is a recent escapee from corporate America, and a California refugee to Tennessee. Christ follower, Wife and Mom of three amazing teenagers. She has a BA in Comm from Point Loma Nazarene University, and has a background in law enforcement and human resources. Since the summer of 2020, she has spent any and all free time in the trenches with local grassroots orgs, including Mom’s for Liberty Williamson County and Tennessee Stands as a core member. Outspoken advocate for parents rights, medical freedom, and individual liberty. Kelly can be reached at kelly@tennesseeconservativenews.com.
