KNOXVILLE, Tenn. — On Sept. 5, Knox County Schools will vote on proposals that remove language from anti-discrimination policies that protect students based on specific classes. The proposals would replace the language with generalized protections, required according to state law.
Advocates say the changes would open up LGBTQ+ students, and transgender students, up to discrimination and harassment. The Tennessee Equality Project, an LGBTQ+ advocacy group, also said on social media the policy change is meant to comply with Public Chapter 0832. That law requires schools to tell parents if students ask educators to accommodate their gender identity, such as using specific pronouns or a different name.
The specific policy changes that Knox County Schools is considering would first change its policy on the harassment of students. Currently, the policy says Knox County Schools does not "tolerate harassment for any reason including, but not limited to, harassment on the basis of actual or perceived gender, sexual orientation, national origin, disability, religion, race, color or any other Federally identified protected area."
The proposal changes the policy to say it does not "tolerate harassment on any basis."
Another proposal changes Knox County Schools' equal educational opportunities policy. Currently, the policy says "all students shall have the same opportunities with regard to programs and activities regardless of race, color, creed, religion, national origin, sex or disabilities."
The new policy would say, "All students shall have equal opportunities with regard to programs and activities." It would also specifically allow students to anonymously report instances of discrimination, and would require the school district to investigate those reports.
Some school board members said removing specific protections could place a burden of proof on students if they experience discrimination. Patricia Fontenot-Ridley, a board member, asked whether the policy's specific protections had to be removed during a work session on Tuesday.
Gary Dupler, the school district's law director, said state law required the school district to change the policies. However, he also said federal law precedes state law. Federal law, such as Title IX, includes protections against discrimination based on specific classes like gender identity. He also said the state law was vague on how school districts needed to determine whether discrimination took place after receiving a report.
"As the legislature typically does, they didn't give a whole lot of explanation here. But, what the legislature did say in this law is that when it comes to students ... there shouldn't be any of that type of conduct with students, whatsoever," he said. "It's also a matter of proof as well. Just because someone feels discriminated against, they would still need to show some evidence that they have been discriminated against."
Anne Templeton, another board member, asked if the language could endanger Knox County Schools' federal funding. Dupler said he believed the phrasing of "any basis" includes federally protected classes and wouldn't violate federal law. He also said the school district's proposed policy changes directly reference federal law.
Templeton also asked if the board could include language that keeps the state's required language, but also adds specific protections. Dupler said, "That would be a question for the legislature."
