Tennessee Education Department releases guidance for schools navigating around new critical race theory law
Meghan MangrumOnly current Tennessee students or parents could file official complaints if prohibited topics around race, white privilege and systemic racism are being taught in the classroom under a proposed new rule from the Tennessee Department of Education.
Guidance issued by the state education department late last week is meant to help school districts and educators navigate a new state law restricting how schools teach students about racism. The guidance comes in the form of a proposed rule that members of the public have 10 days to weigh in on.
According to the proposed guidance, a complaint must be filed by a current student, parent of a current student, or a current employee of the school district or public charter school "in which the allegation(s) arose" and must be filed within 30 days of the prohibited concept being included or promoted in the classroom.
Education Commissioner Penny Schwinn promised the guidance by Aug. 1 as the debate over critical race theory and whether the concept is being taught in the classroom has intensified in recent months.
Tennessee was one of the first states this year to pass a law banning topics related to critical race theory from being taught in public schools. Though Tennessee law doesn't specify critical race theory, Republican lawmakers have pointed to the theory — which is typically only taught in colleges and law schools — as a reason for the new legislation.
What does the law actually ban?
The new state law, passed during the waning days of this year’s legislative session, prohibits educators from including or promoting certain concepts. Those include teaching that one race or sex is inherently superior to another; ascribing character traits, values, moral or ethical codes to a specific race or sex; that the United States is fundamentally racist or sexist or that a meritocracy is inherently racist or sexist.
What is taught in Tennessee schools?:Critical race theory isn't taught in Tennessee schools. Here's what is being taught about race.
Impact on teachers:Tennessee’s critical race theory fight could impede state’s teacher diversity efforts, some worry
But the department’s proposed guidance clarifies that schools can introduce some of these topics as part of instruction or discussion of controversial aspects of history or the histories of a particular people or ethnic group.
Educators, particularly social studies teachers, have been concerned that the law could limit or even prevent them from teaching the true history of the state or the country.
Wit & Wisdom leads the debate
Schwinn has faced increased pressure in recent weeks to address the topics. A conservative Williamson County parent group, Moms for Liberty, has raised concerns about an elementary-age literacy curriculum, Wit & Wisdom, that is used in more than 30 districts across the state.
Members of the group allege that books included in the curriculum are not age-appropriate and promote concepts based on critical race theory.
In an 11-page grievance filed by Moms for Liberty's Williamson County chapter, the group argues that four specific anchor texts, including the book “Ruby Bridges Goes to School: My True Story,” by Ruby Bridges, “reveal both explicit and implicit anti-American, anti-white and anti-Mexican teaching.”
“Additionally, it implies to second-grade children that people of color continue to be oppressed by an oppressive ‘angry, vicious, scary, mean, loud, violent, [rude], and [hateful]’ white population’ and teaches that the racial injustice of the 1960s exists today,” the grievance stated.
More on Wit & Wisdom:Here's what to know about the debate over 'Wit & Wisdom' curriculum in Williamson schools
Meanwhile in Metro:'Protect our teachers': Critical race theory, curriculum finds support from Nashville parents, board
The group filed the complaint, which they claim was the first official one filed under the new law, a day before the law officially went into effect on July 1.
A spokesperson for the Washington, D.C.-based Great Minds, which produces the Wit & Wisdom curriculum, told The Tennessean earlier this year the company is aware of Tennessee's new law and said the materials it produces are in compliance.
It is unclear whether the proposed rule would alter the complaint process, but Williamson County Schools did recently announce that the district is currently reviewing 30 texts included in the Wit & Wisdom curriculum.
Some parents have pushed back against those concerned about the curriculum, sometimes accusing outside actors of coming into communities and starting the debate.
While the debate has raged in Williamson County, with dozens speaking out at school board meetings over the course of the summer, a handful of speakers were laughed down during one of Metro Nashville Board of Education's most recent meetings.
Schools could lose millions
The proposed rule also lays out the consequences for a school district if it is found to have violated the new law.
The department guidance encourages school districts and public charter schools "to work collaboratively with parents, teachers, and other employees to resolve concerns and complaints as quickly as possible."
'Whitewashing history':Memphis lawmaker tells CNN that Tennessee legislature is trying to 'whitewash' history
If a school district determines that the complaint is not valid or does not violate the law, individuals can appeal to the state Department of Education.
If the department determines that a school "knowingly violated" the new law, it proposes the following formula for withholding state funds:
- First violation during the school year: 2% of annual state funds or $1 million, whichever is less;
- Second violation during the school year: 4% of annual state funds or $2 million, whichever is less;
- Third violation during the school year: 6% of annual state funds or $3 million, whichever is less;
- Fourth violation during the school year: 8% of annual state funds or $4 million, whichever is less;
- Fifth violation during the school year: 10% of annual state funds or $5 million, whichever is less.
J.C. Bowman, executive director of Professional Educators of Tennessee — a nonpartisan teacher association headquartered in Nashville — said Monday that the process looks very deliberative on the surface.
But Bowman thinks enforcement could be challenging.
"The key will be at the local level, and stakeholder groups working to ensure our educators understand this new law. We plan to solicit educator input and give that input to policymakers," Bowman said in a statement. "Ultimately, people on both sides of this debate want students to become good citizens, who are able of safeguarding our democracy and stewarding our nation toward a greater understanding of our shared American values."
But Beth Brown, president of the Tennessee Education Association, remains critical of the law itself.
"The new law implies Tennessee educators teach feelings, not facts. It suggests teachers float theories and agendas as part of teaching practice. These ideas are false. This law was a fix to a problem that does not exist," Brown said in a statement.
"This law will do nothing more than entangle public schools and teachers in red tape and jeopardize critical state funding. It is a disservice to Tennessee students and educators."
The draft of the proposed "Prohibited Concepts in Public Instruction Rule" was posted online for public comment on Monday, Aug. 2. Members of the public can weigh in for 10 days, through Wednesday, Aug. 11.
Gov. Bil Lee said the state "needs to know what the public thinks" about the guidelines, but reiterated his stance on the ban that he signed into law.
"We need to be very, very clear," Lee told reporters Monday. "Our legislature, the people spoke and we will not be teaching critical race theory in Tennessee."
Once any comments have been received and reviewed, the rule will be submitted to the state Attorney General's office to begin the emergency rule promulgation process, according to department spokesperson Brian Blackley.
Want to read more stories like this? A subscription to one of our Tennessee publications gets you unlimited access to all the latest news and the ability to tap into stories, photos and videos from throughout the USA TODAY Network's 261 daily sites.
Meghan Mangrum covers education for the USA TODAY Network — Tennessee. Contact her at mmangrum@tennessean.com. Follow her on Twitter @memangrum.