Tennessee Governor Assaults Science and Local Decision-Making, adding Racist Fuel to the Fire of Pandemics

Written by Susanne Jackson 8-26-21

Tennessee Governor Lee, aided and abetted by his all too compliant “Republican” majority legislature has launched various executive orders and pushed legislative actions to insist on:

Prohibited Concepts in Public Instruction,
prohibiting mask mandates in schools (and communities),
refusing to allow vital virtual education for students or educators homebound due to quarantine or isolation as well as opting to reduce the number of students schooled in-person to reduce the risk of covid infections surging.

These executive orders or legislative actions violate any local decision-making usually a stalwart concept of conservatives. They also undermine scientific data, research and analysis, dishing out life-threatening “models” of “civics” for Tennessee students.

The Governor enforces these actions with real threats of removing state funds from already embattled and underfunded schools and communities trying to survive – and even thrive – during pandemics of covid-19 and racism. He is also threatening the licensure of teachers who dare to tell the facts about U.S. and Tennessee history.

Prohibited Concepts in Public Instruction

(Brings back images of Tennessee’s 1925 Scopes Trial) School districts could be fined up to $5 million EACH time an educator knowingly violates the new state rules prohibiting discussions of systemic racism, sexism, and white privilege. It also threatens educators with disciplinary measures, including the suspension or revocation of their teaching license.

So, what are some of these prohibited concepts? It’s a long list in Tenn Code Ann 49-6-1019(a) Section.03 1 which includes anything that sounds to any student or parent like:

“An individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist or oppressive, whether consciously or subconsciously;”
An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual’s race or sex;”
A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex;
This state or the United States is fundamentally or irredeemably racist or sexist.
The rule of law does not exist, but instead is series of power relationships and struggles among racial or other groups…”

The regulations and law exclude private or parochial schools unless they are also public charters. Yet, many private schools do receive public funds through Title I federal funds that are sent through the state and private schools receive public tax exemptions.

These prohibited concepts are contrary to accurate, factual education about our racist past and current realities as well as the disparate outcomes by race that are readily apparent and have been documented extensively.

Tennessee is not alone. By July 2021 “Chalkbeat tracked at least 27 state-level efforts attempting to restrict educators from discussing systemic racism, critical race theory, and The 1619 Project.”2 They contend that these are backlash from the Nikole Hannah-Jones Pulitzer Prize winning, New York Times 2019-published, 1619 Project.

Executive Order 84 (EO84) Governor Bans Mask Mandates

EO84 allows parents to opt-out of local mask mandates for their school-aged children in school, on school buses or at school functions simply by putting their requests in writing.3 Tennessee has deep disparity in the number of covid-19 cases and deaths county by county, according to the New York Times daily data. Shelby and Davidson Counties have significantly more than 100,000 total cases and 1,834 and 995 deaths respectively compared to less than 6,200 cases and less than 100 deaths each in 61 counties of 99 total. Knox, Hamilton and Rutherford counties have about 50,000 plus cases each and 500 deaths each.4 For urban areas like Memphis, the Governor’s order could be a death sentence for students, educators, other staff and families.

The SCS Superintendent and Board are steadfastly maintaining a mask mandate for students, educators, staff and visitors in schools and on buses while investigating the legalities of the Governor’s EO84. Advocates opposing EO84 support community-wide health and insist that by wearing a mask in school, more students will be able to stay in classrooms and receive the educational, social, and emotional support they desperately need. With rising cases of covid-19 for our youngest students, less availability of medical staff, ICU and hospital beds, advocacy is rising rapidly.

Virtual Learning, Hybrid or In-Person ONLY?

Due to state restrictions, the virtual option offered by SCS for this school year is asynchronous (without a teacher assigned most of the day to the students). Only about 200 students chose that kind of virtual learning. The intensive virtual school offered by SCS last year is not allowed by the state.

The Tennessee State Board of Education set new rules and criteria to close schools which may allow remote learning only for individual students if they’re either quarantined or in isolation. School systems that must close entire schools due to Covid outbreaks have to use days reserved usually for inclement weather, flu outbreaks, or staffing shortages, resulting in less real time learning for students.

Seeking Racial Justice and Equity with Facts, Science and Strong Advocacy

Modify or Halt Tennessee Prohibited Concepts and Consequences

Stand for Children along with parents, educational advocates, education scholars, and community members, submitted substantive alternate recommendations to the current rules proposed by the Tennessee Department of Education.

Tennessee could choose to emulate South Africa’s Truth and Reconciliation process that was publicly televised and occurred throughout that nation, which provided substantial healing to that deliberately racially divided apartheid nation.

Reverse EO84

A local Florida judge ruled that school districts in that state can mandate masks to ensure safety and security. He issued an injunction preventing the Governor from taking action against the districts. The Florida state board of education is already financially penalizing some districts despite the court order. At least 5,500 medical professionals have asked the Tennessee Governor to reverse his order on masks. Shelby County government has filed a lawsuit to end the mask opt out. A federal judge has issued a temporary restraining order until Sept. 17th against EO84. An injunction may also be sought. MICAH (Memphis Interfaith Coalition for Action and Hope) with Stand for Children and other partners statewide have already gathered nearly 1,000 signatures on a petition to end the ban on mask mandates in school districts. https://actionnetwork.org/petitions/reverseeo84

Allow In-Person or Virtual Public Schooling

More than 15,000 parents, educators and concerned residents have signed a petition to allow options in Shelby County for virtual or in-school learning, similar to last school year – as needed. 5