Prohibited Concepts Complaint Form

 

Prohibited Concepts in Instruction

Section 51 of Chapter 493 of the Public Acts of 2021, now codified at Tenn. Code Ann. § 49-6-1019, prohibits certain concepts from being included or promoted as part of a course of instruction or in a curriculum or instructional program or included in supplemental instructional materials used by public schools in Tennessee. The department promulgated emergency rule 0520-12-04, that became effective on November 8, 2021, and remains in effect through May 7, 2022, providing how the department will implement the new law.  The emergency rule includes requirements for each local education agency (LEA) and public charter school and the process for filing a complaint alleging an LEA or public charter school has violated Tenn. Code Ann. § 49-6-1019. 

How to file a complaint alleging a violation of Tenn. Code Ann. § 49-6-1019

The emergency rule requires that complaints alleging concepts prohibited by Tenn. Code Ann. § 49-6-1019 are being or have been included or promoted in a course of instruction, curriculum, and instructional program, or in supplemental instructional materials of an LEA or public charter school, must be filed with the LEA or public charter school in which the allegation(s) arose on the complaint form provided by the Department.  The rule requires LEAs and public charter schools to post the complaint form provided by the department for filing a complaint alleging violations of Tenn. Code Ann. § 49-6-1019 on the LEA or public charter school’s website.  Click here to access the complaint form provided by the department.

How to file an appeal of a written determination issued by an LEA or public charter school

Within sixty (60) calendar days of receiving a complaint, the LEA or public charter school must determine whether the allegation(s) in the complaint is substantiated.  The LEA or public charter school must issue a written determination stating whether the allegation(s) in the complaint is substantiated. The written determination must be communicated to the complainant and the individual alleged to have included or promoted the Prohibited Concept.  The rule authorizes the complainant or the individual alleged to have included or promoted the Prohibited Concept to file an appeal of the LEA or public charter school’s determination with the Department within fifteen (15) calendar days of the date that the LEA or public charter school issues a written determination.  Click here to access the form to be used to file an appeal to the department.

The action that a complainant may take if an LEA or public charter school fails to respond to a properly filed complaint in compliance with the rules

After sixty (60) days have passed since an eligible complainant filed a complaint with an LEA or public charter school on the proper form, the eligible complainant may file a notice of knowing violation directly with the Department by using the form found here.