Image Credit: capitol.tn.gov
The Tennessee Conservative Staff –
The Tennessee Senate passed a bill on Thursday that would allow parents to file civil suits in order to ensure compliance with the Age-Appropriate Materials Act.
Senator Ferrell Haile (R-Gallatin-District 18) is the sponsor of the bill.
Senate Bill 1858 (SB1858), 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.”
An amendment to the bill was introduced by Senate Jon Lundberg (R-Bristol-District 4).
Lundberg noted that the bill would allow parents to file a suit, but it does not create the right to appeal any determination of Age-Appropriate Materials in school libraries or collections.
When the floor was opened for comments on the amendment, Senator Jeff Yarbro (D-Nashville-District 21) asked for clarification of what was intended by the wording “a standing to file” in the bill.
Lundberg stated that it was simply to enforce the Age-Appropriate Materials Act.
Yarbro then stated that he opposed this because he believes it is an interference into something that should be left to the judiciary to decide. He stated that the legislature should not have influence on whether a person has a constitutional standing to file a lawsuit.
He also noted that there was an ongoing lawsuit in the state in which a school was being challenged, and he didn’t feel that the legislature should be getting involved in an ongoing lawsuit.
After his comments, a voice vote was taken for the amendment, with ayes prevailing.
Following this, a voice vote was taken on the bill. The bill passed with 26 ayes and 5 nays. The only senators voting against the bill were Democrats.
House Bill 1632 (HB1632), the companion to SB1858, is sponsored by Representative Gino Bulso (R-Brentwood-District 61). That bill has passed the House Education Administration but was then placed behind the budget.
When a bill is placed “behind the budget” it usually means two things: (1) there is significant fiscal impact associated with the bill’s passage; and/or (2) the bill is not part of the governor’s proposed budget which takes precedence in the appropriations process.
