In a recent Tennessee legislative session, Representative Gino Bulso, a Republican from Brentwood, Tennessee, introduced HB 1632, a bill to broaden the scope of individuals allowed to file challenges under the "Age-Appropriate Materials Act." This controversial legislation mandates public schools to identify materials considered harmful to minors. The proposed change seeks to empower parents of children eligible to attend public or charter schools to file lawsuits against school districts for enforcing this act.
This new rule will let parents take legal action if they ask for books to be taken out of school libraries and education leaders refuse. The leaders must follow the Age-Appropriate Materials Act of 2022, which caused a stir because it made teachers work extra hours to organize books. This law was part of a bigger issue where some Republican lawmakers across the country were trying to stop books about LGBTQ+ identities and Black history.
Under the current law, only employees, students, or parents of enrolled students in a public EDS school district can challenge the system's content without explicitly mentioning filing lawsuits. Bulso argues that the existing law clearly grants standing to parents of eligible children, but his bill explicitly seeks to clarify this point. The proposed expansion could benefit individuals like one of Bulso's private legal clients, who was involved in an ongoing lawsuit against the Williamson County Board of Education in August 2023.
The plaintiffs in the lawsuit allege that the board is permitting books that have visual content of a pornographic nature, which is entirely unsuitable for middle school students, high school students, or any level of maturity or age.
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In this lawsuit, Bulso, representing a group of parents, asserts that there is no conflict of interest between his legal endeavors and the proposed bill. He emphasizes that sponsoring the bill to clarify existing law aligns with his role in the ongoing litigation. Williamson County Schools sought to dismiss the lawsuit in November 2023, citing a lack of standing. However, the judges have not made rulings on the case.
As of now, there is no Senate sponsor for Bulso's bill. If this becomes a law, it would change who can legally question if the materials in school libraries are appropriate. This is part of a larger trend in the United States where there is an effort to stop or limit books thought to be unsuitable for kids, especially those talking about LGBTQ+ topics, racial unfairness, and sex education.
The "Age-Appropriate Materials Act" has caused more attention to books that might not be suitable for children, leading to their removal from libraries. This law also removed legal protections for librarians and school staff, meaning they could face criminal charges for having certain materials in libraries.
PEN America, an organization promoting free expression in literature, reports an increase in book bans nationwide, with over 300 book titles facing scrutiny in Tennessee alone.
If enacted, Bulso's proposed bill could have significant implications for the rights of parents to challenge materials in public schools. As debates surrounding book bans and content appropriateness continue nationwide, the outcome of this legislative effort will undoubtedly be closely watched.
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