Tennessee
State Protections and Legal Framework
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Summary/Overview:
The Tennessee Constitution requires the General Assembly to maintain and support a system of free public schools. Tennessee courts have interpreted this provision to require the state to provide substantially equal educational opportunities for all students. Tennessee courts have enforced adequacy and equity principles through constitutional litigation, including in Tennessee Small School Sys. v. McWherter, 851 S.W.2d 139 (1993), which found the state’s funding system violated the constitutional requirement of equal educational opportunity.
Tenn. Const. art. XI, § 12:
“The state of Tennessee recognizes the inherent value of education and encourages its support. The General Assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools.” -
State Law Equivalents to Title VI, Title IX, Section 504, and EEOA
Tennessee does not have direct state-level equivalents to Title VI, Title IX, Section 504, or the Equal Educational Opportunities Act (EEOA) that create independent state complaint processes for discrimination in K–12 schools.
The Tennessee Department of Education does not operate a standalone Section 504 complaint process; complaints are filed directly with the U.S. Department of Education’s Office for Civil Rights (OCR).
Additional State Civil Rights Protections
Tennessee does not provide additional statewide protections for LGBTQ+ students, undocumented students, or multilingual learners beyond federal requirements.
Tennessee Anti-Bullying Statutes
Statute: Tenn. Code Ann. § 49-6-4501 et seq.
Prohibits bullying, cyberbullying, and harassment in public schools
Defines bullying as including acts that substantially interfere with a student’s education, create a hostile environment, or place a student in reasonable fear of harm.
Requires districts to adopt policies that:
Prohibit bullying, cyberbullying, and harassment
Prohibit retaliation against victims, witnesses, or reporters
Establish reporting and investigation procedures
Provide notice to parents/guardians of both victims and alleged aggressors
Identify counseling options
Require posting of reporting procedures on district websites
Provide staff training on bullying prevention and intervention
Require schools to maintain records of bullying incidents and report aggregate data to the Tennessee Department of Education.
Require school employees must report bullying to the appropriate school official.
No Private Right of Action:Tennessee’s anti-bullying statute does not create a private right of action.
Other Educational Protections Under State Statutes
Student Records: Tenn. Code Ann. § 10-7-504 and § 49-6-510 govern confidentiality and maintenance of student records. Tennessee law and FERPA protect student privacy and require written consent for disclosure of records, except for directory information.
Religious Expression: Tenn. Code Ann. § 49-6-1801 et seq. protects voluntary student religious expression and prohibits discrimination based on religious viewpoints.
Antidiscrimination in Schools (Tenn. Code Ann. § 49-6-3109).
No person may be refused admission into or excluded from any public school in Tennessee due to race, creed, color, sex, or national origin.
No student may be assigned or compelled to attend any school due to their race, creed, color, or national origin, or for the purpose of achieving equality in attendance or increased or reduced attendance at any school of persons of one or more particular races, creeds, colors, or national origins.
School districts may assign students based on the parent’s or legal guardian’s request or authorization.
Antidiscrimination Requirements in the Teacher Code of Ethics (Chapter 780 of the Public Acts of 2024)
The Teacher Code of Ethics has been revised to prohibit educators from generally discriminating against students on any basis.
Isolation and Restraint (Tenn. Code Ann. § 49-10-1304).
Parents and legal guardians must receive either oral or written notice if school personnel use isolation or restraint on their child.
This notice must be given on the same day the isolation or restraint was used.
An individualized education program (IEP) team meeting must be convened within ten days of the use of a restraint if: the student's IEP does not provide for the use of a physical holding restraint generally, or for the behavior that precipitated the use of the restraint; or a physical holding restraint is used for an extended period of time, as determined by the state board of education.
An IEP team meeting must be convened within ten days of the use of an isolation if: the student's IEP does not provide for the use of an isolation generally, or for the behavior that precipitated the use of the isolation; or an isolation is used for an extended period of time, as determined by the state board of education.
Services Through Agreements (Tenn. Code Ann. § 49-10-107).
Any child who is receiving special education or related services through an agreement between one school district and another to help children with disabilities, along with the child’s parent or guardian, will have the same legal and civil rights the child would have if they were receiving similar education or services directly from the school district where the child is officially enrolled.
Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)
None identified.
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Special education in Tennessee is governed by the federal Individuals with Disabilities Education Act (IDEA) and state law (Tenn. Code Ann. Title 49, Chapter 10; State Board of Education Rules Chapter 0520-01-09). All children with disabilities are entitled to a free appropriate public education (FAPE) in the least restrictive environment (LRE).
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Tennessee does not have a standalone state agency dedicated to enforcing education civil rights beyond federal mandates. Complaints related to discrimination or civil rights violations in education are typically directed to federal agencies.
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Reporting Accommodations for Affirming Gender Identity (Chapter 832 of the Public Acts of 2024).
If a student requests support from a school employee in affirming their gender identity, the employee must report the request to the school administrator and the student’s parents.
A local school board or public charter school may be subject to civil litigation filed by the student’s parents/legal guardians and the attorney general if the local school board or public charter school fails to comply with these requirements.
How do I file a complaint about discrimination in a K-12 public school in Maryland?
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Identify the Basis of Discrimination Choose the applicable category for the discrimination your student experienced:
Race, color, national origin → May be covered by Tennessee Anti-Bullying statute, so would report to the school/district.
Federal Protections: Title VI
Sex (including gender identity, pregnancy, sexual harassment) → Sex may be covered by Anti-Bullying statute, but unlikely LGBT status covered
Federal Protections: Title IX
Disability → May be partially covered by the Tennessee Department of Education (TDE): TDE lacks a standalone Section 504 formal complaint process, provides some guidance to Districts in compliance with Section 504. Written complaints go directly to Ed OCR. TDE does provide a helpful primer on the difference between Section 504, a civil rights law, and the IDEA, a federal funding statute that conditions receipt of funds on provision of a FAPE.
Federal Protections: Section 504 / ADA
Gather Evidence Include:
Dates, times, and locations of incidents
Names of individuals involved
Copies of emails, screenshots, witness statements, or school responses
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File a Complaint under Tenn. Code Ann. § 4964501 et seq (Anti-Bullying Law)
Who Can File: The statute ensures protection for both students and school employees or volunteers; prohibits reprisal or retaliation against anyone involved in reporting or witnessing bullying.
What Form to Use: Reporting procedures must be posted on the district’s website. The Tennessee Department of Education provided a model/sample policy, available here. It also provided a guide for handling bullying and harassment complaints that includes more details on the reporting process.
What to Include on the Form:
Details of the incident(s) — date, time, location
Names of those involved (alleged aggressor(s), witnesses)
Description of the conduct (verbal, physical, cyber, threats, etc.)
Any evidence (screenshots, photos, messages)
Where to Submit the Form: Deliver it to the Principal or Superintendent and keep a copy for your records
What Happens After File Complaint?
1. Initial Review and Assignment
Upon receiving a complaint, the designated school official (often the principal or a trained administrator) reviews the report and assigns an investigator if necessary.
2. Planning the Investigation
The investigator develops a plan, which may include:
Identifying witnesses and alleged participants
Determining what evidence needs to be collected (e.g., emails, messages, surveillance footage)
Setting a timeline for interviews and evidence gathering
3. Conducting Interviews
The investigator interviews the complainant, alleged aggressor(s), witnesses, and any other relevant parties.
Interviews are documented, and confidentiality is maintained as much as possible.
4. Gathering and Reviewing Evidence
The investigator collects and reviews all relevant evidence, such as:
Written statements
Electronic communications (texts, emails, social media)
Physical evidence (photos, screenshots)
School records
5. Making Findings
The investigator analyzes the evidence and determines whether the alleged conduct meets the definition of bullying, harassment, or cyberbullying under Tennessee law.
Findings are documented in a written report.
6. Notification and Documentation
The school notifies parents/guardians of both the alleged victim and the alleged aggressor about the outcome of the investigation.
The school maintains records of the complaint, investigation, findings, and any disciplinary or remedial actions taken.
7. Follow-Up and Support
The school provides counseling options and support to affected students.
The district ensures that retaliation does not occur and monitors the situation for ongoing safety.
8. Reporting and Recordkeeping
Aggregate data on bullying incidents is reported to the Tennessee Department of Education.
Records are kept in accordance with state law and district policy.
School Administrator’s Guide for Bullying and Harassment Complaints (PDF)
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The department created the annual Civil Rights and Bullying Compliance Report to collect Title VI, Title IX, and bullying and harassment compliance information. Each public school district must submit the report annually by August 1.
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Try Local Resolution First
Discuss concerns with the teacher or service provider.
Notify the principal and request assistance.
Request an IEP (Individualized Education Program) team meeting.
Contact the district’s director or supervisor of special education.
If unresolved, proceed to formal dispute resolution.Dispute Resolution Processes – TN DOE [tn.gov]
Dispute Resolution Options
Administrative Complaint:
Anyone (parent, student, advocate, or organization) may file a written, signed complaint alleging a violation of IDEA by a school district, the Tennessee Department of Education, or another public agency.
Complaints cannot be anonymous.
Must be filed within one calendar year of the alleged violation.
Use the official Administrative Complaint Form (PDF) [tn.gov]
Mediation:
Voluntary process with a neutral mediator.
Both parties must agree to participate.
Due Process Hearing:
Formal legal proceeding before an administrative law judge.
Used for disputes about identification, evaluation, placement, or provision of FAPE (Free Appropriate Public Education).
Must be filed within two years of when the violation was known or should have been known.
Quick Guide to Dispute Resolution (PDF) [tn.gov]
3. Filing the Complaint
Complete the Administrative Complaint Form with:
Complainant’s and child’s information
Description of the problem, facts, and dates
Documentation supporting the allegations
Proposed resolution (if known)
Submit the form by email, mail, or fax to the Tennessee Department of Education:
Email: dispute.resolution@tn.gov
Address: Office of General Counsel, Andrew Johnson Tower, 11th Floor, 710 James Robertson Parkway, Nashville, TN 37243
Legal Administrative Complaint Guide (PDF) [educationr...hville.gov]
4. Investigation and Resolution
The Department will notify the school district within 5 days.
The district must respond within 15 days.
The Department investigates and issues findings within 60 days.
If a violation is found, corrective action is required.
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Tennessee does not have a standalone state agency dedicated to enforcing education civil rights beyond federal mandates.
Complaints related to discrimination or civil rights violations in education are typically directed to federal agencies.
✅ Message 3 will continue with the next block, mirroring the Mississippi model:
Complaint processes and timelines
Retaliation protections
Public records access
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Tennessee – State Protections and Legal Framework
State Constitutional Right to Education
Summary/Overview:\ The Tennessee Constitution requires the General Assembly to maintain and support a system of free public schools. While the Constitution does not define a qualitative standard, Tennessee courts have interpreted this provision to require the state to provide substantially equal educational opportunities for all students. The courts have not recognized a standalone “fundamental right to education,” but have enforced adequacy and equity principles through constitutional litigation, notably in the Tennessee Small School Systems v. McWherter cases (1993–2002), which found the state’s funding system violated the constitutional requirement of equal educational opportunity.1
Constitutional Text:\ Tenn. Const. art. XI, § 12:\ “The General Assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools.”1
Judicial Interpretation:\ Tennessee courts require the state to maintain a system that provides substantially equal educational opportunities. While not a “fundamental right,” adequacy and equity are enforced through constitutional litigation.1
Additional Information:
Tennessee Comptroller reports on Basic Education Program (BEP) and Tennessee Investment in Student Achievement (TISA) funding
Tennessee Advisory Commission on Intergovernmental Relations (TACIR) analyses1
State Statutory Protections
State Law Equivalents to Title VI, Title IX, Section 504, and EEOA
Tennessee does not have direct state-level equivalents to Title VI, Title IX, Section 504, or the Equal Educational Opportunities Act (EEOA) that create independent state complaint processes for discrimination in K–12 schools. Enforcement of discrimination claims generally occurs through federal law. The Tennessee Department of Education does not operate a standalone Section 504 complaint process; complaints are filed directly with the U.S. Department of Education’s Office for Civil Rights (OCR).1
Additional State Civil Rights Protections
Tennessee does not provide additional statewide protections for LGBTQ+ students, undocumented students, or multilingual learners beyond federal requirements.1
Tennessee Anti-Bullying Statutes
Statute: Tenn. Code Ann. § 49-6-4501 et seq.
Key Provisions:
Prohibits bullying, cyberbullying, and harassment in public schools
Requires districts to adopt policies that:
Prohibit bullying, cyberbullying, and harassment
Prohibit retaliation against victims, witnesses, or reporters
Establish reporting and investigation procedures
Provide notice to parents/guardians of both victims and alleged aggressors
Identify counseling options
Require posting of reporting procedures on district websites1
Definition:\ Bullying includes acts that substantially interfere with a student’s education, create a hostile environment, or place a student in reasonable fear of harm.1
Mandatory Reporting:\ School employees must report bullying to the appropriate school official.1
No Private Right of Action:\ Tennessee’s anti-bullying statute does not create a private right of action.1
Additional Provisions:
Districts must provide staff training on bullying prevention and intervention
Schools must maintain records of bullying incidents and report aggregate data to the Tennessee Department of Education1
Other Educational Protections Under State Statutes
Student Records: Tenn. Code Ann. § 10-7-504 and § 49-6-510 govern confidentiality and maintenance of student records. Tennessee law and FERPA protect student privacy and require written consent for disclosure of records, except for directory information.1
Religious Expression: Tenn. Code Ann. § 49-6-1801 et seq. protects voluntary student religious expression and prohibits discrimination based on religious viewpoints.1
School Choice: Tennessee’s Education Savings Account (ESA) program (Tenn. Code Ann. § 49-6-2601 et seq.) provides vouchers for eligible students in participating districts.1
Civil Rights Education: Tennessee does not have a statutory equivalent to Mississippi’s Civil Rights Education Commission.1
Disparate Impact
Tennessee state law does not provide a private right of action for disparate-impact discrimination claims. However, courts have recognized claims of disparate impact in education, particularly in the context of school funding and resource allocation.1
Additional Notes
Tennessee does not have a standalone state agency dedicated to enforcing education civil rights beyond federal mandates. Complaints related to discrimination or civil rights violations in education are typically directed to federal agencies.1
Complaint Processes and Timelines, Retaliation Protections, Public Records Access
Complaint Processes:\ Discrimination complaints are generally filed with the U.S. Department of Education’s Office for Civil Rights (OCR). Tennessee’s Department of Education does not operate independent complaint processes for most civil rights statutes.1
Retaliation Protections:\ State anti-bullying laws prohibit retaliation against victims, witnesses, or reporters of bullying or harassment.1
Public Records Access:\ Student records are confidential under Tennessee law and FERPA, but parents and eligible students have the right to inspect and review their records.1
State Attorney General Enforcement Actions
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The Title IX Litigation
In April 2024, Tennessee’s AG joined other states in a lawsuit challenging the Biden Administration’s expanded Title IX rules, which extended protections to gender identity and sexual orientation. The lawsuit argued that the new rules threatened privacy and safety for female athletes.
2. Amicus Briefs Opposing Federal Civil Rights Expansion
In August 2024, Tennessee’s AG participated in a multistate amicus brief opposing the expanded Title IX rule, arguing that it gave federal agencies too much power over issues of sexual orientation and gender identity.
3. No Evidence of Proactive Civil Rights Enforcement
There is no public record of the Tennessee AG initiating civil rights actions to protect student rights in education (such as enforcing anti-discrimination laws or expanding protections for marginalized groups) in the past five years. The AG’s office has focused on challenging federal expansions rather than enforcing or expanding state-level protections.
Source: https://www.tn.gov/attorneygeneral/news.html
4. No Dedicated Education Civil Rights Division
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Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)
No, the Tennessee AG’s office does not have a dedicated division for education or education civil rights enforcement.
Other State Enforcement Systems
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NA
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NA
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NA