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2017 Tennessee Code
Title 49 - Education
Chapter 6 - Elementary and Secondary Education
Part 18 - Religious Viewpoints Antidiscrimination Act
§ 49-6-1803. Establishment of limited public forum -- Requirements -- LEA disclaimer.
Universal Citation: TN Code § 49-6-1803 (2017)
- (a) An LEA shall not be required to provide a limited public forum pursuant to this part. If the LEA determines that it is appropriate to allow a student speaker at a school event, then this part shall apply.
- (b) To ensure that an LEA does not discriminate against a student's publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the LEA of a student's expression of a religious viewpoint, if any, an LEA shall adopt a policy, such as the model policy for student expression as created by the Tennessee school boards association, or the LEA may develop a policy that is in compliance with this part. The policy shall include the establishment of a limited public forum for student speakers at school events at which a student is to publicly speak. The policy regarding the limited public forum shall also require the LEA to:
- (1) Provide the forum in a manner that does not discriminate against a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;
- (2) Provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;
- (3) Ensure that a student speaker does not engage in speech that is obscene, vulgar, offensively lewd, indecent or promotes illegal drug use; and
- (4) State, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the LEA.
- (c) The LEA disclaimer required by subdivision (b)(4) shall be provided at all applicable circumstances at school events. The LEA shall also provide the disclaimer for any communications in which a student makes a public expression, for as long as a need exists to dispel confusion over the LEA's nonsponsorship of the student's communications.
- (d) Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.
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