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School Districts Face $5 Million Fines for Teaching Critical Race Theory

Teachers can face disciplinary action or lose their teaching license.

Tennessee school districts could be slapped with fines of up to $5 million if a teacher “knowingly violates” state rules prohibiting certain discussions on racism, sexism, and white privilege, according to proposed guidelines released by the Tennessee Department of Education last week. 

Banned concepts include:

• An individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously

• An individual should be discriminated against or receive adverse treatment because of the individual’s race or sex

• An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual’s race or sex

• This state or the United States is fundamentally or irredeemably racist or sexist

• A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex

• However, teachers are permitted to include discussion about the history of an ethnic group, controversial aspects of history, and the historical oppression of certain groups. 

The 11 page-document also lays out the complaint process for teachers who violate these rules. 

Current students, teachers, or school district employees can file a complaint within 30 days of the prohibited concepts being taught. The respective school district then has 60 days to determine if the allegation is substantiated. 

Teachers who are found to have violated the rules can face disciplinary action or lose their teaching license, according to the guidelines. 

If the state’s department of education determines that a school district violates the new law, the district could lose up to $1 million for the first violation and up to $5 million for the fifth violation. 

The public has until Wednesday, August 11, to submit comments on the new guidelines. Comments can be sent to EDU.PublicComments@tn.gov.

This comes after the Tennessee General Assembly passed legislation banning the teaching of critical race theory in May. Tennessee is one of eight states that have passed such legislation this year. Others include Idaho, Oklahoma, Texas, Arizona, and South Carolina.