Obscenity and Pornography in School Libraries - https://www.capitol.tn.gov/Bills/112/Bill/HB1944.pdf

Obscenity and Pornography - As introduced, excludes local education agencies, public schools, and employees and private contractors of LEAs or public schools from the exception to certain obscenity offenses if the LEA, public school, employee, or private contractor possesses obscene material that is harmful to minors on public school premises; prohibits an LEA or public school from making obscene materials or materials harmful to minors available to students in the school libraries controlled by the LEA or public school. - Amends TCA Title 39, Chapter 17, Part 9 and Title 49.

HB1944 -  Sponsored by * *Cepicky , Doggett, Ragan, Sexton J, Hurt, Grills, Eldridge, Lafferty, Weaver, Hall, Haston, Carringer, Griffey, Smith, Hulsey, Warner, Casada, Crawford, Ogles, Cochran, Byrd, Reedy, Rudder, Helton, Rudd, Keisling, Sherrell, Littleton, Moody, Lamberth, Howell, Farmer, Hawk, Todd, Faison, Calfee, Powers, Lynn, Gant, Leatherwood, Zachary, Alexander, Garrett, Darby

Current Status: 

Refer to Senate Judiciary Committee (likely to be schedule for 4/6)

Members - https://www.capitol.tn.gov/senate/committees/judiciary.html

ACTION STEPS: Email the Senate Judiciary Committee and ask them to vote NO. Here are talking points:

• The Age Appropriate Materials Act that Gov. Lee signed recently already addresses the concerns central to HB 1944/ SB 1944. This combined with the processes we already have in place in our districts equips districts to address parent/ guardian concerns. 
• One parent's definition of obscene should not determine what is acceptable for all students in a district. As it stands, if a parent complains that a book is obscene, every school library in the district would have to pull that book for 30 days while the book is reviewed by the school board. 
• This bill is not necessary. The fiscal note on HB 1944/ SB 1944 states:
• Based on information provided by the Department of Correction, there have been zero admissions of the Class E felony offense of obscenity in the past 10 years. 
• Based on information provided by the Administrative Office of the Courts, there have been an average of 2.5 Class A misdemeanor convictions for the offense of obscenity in each of the past 10 years.  
  
• This opens school districts up to First Amendment lawsuits based on the Supreme Court case Island Trees Union Free School District vs. Pico.

Obscenity and Pornography in School Online Resources - https://www.capitol.tn.gov/Bills/112/Bill/HB2454.pdf

Obscenity and Pornography - As introduced, redefines "obscene" to include material that has educational value; makes various changes to the internet acceptable use policy LEAs are required to adopt; requires providers of digital and online resources to ensure that users cannot access certain obscene material; requires a local board of education to establish a mechanism for parents, legal guardians, or students to report failures of the technology selected by the LEA to filter, block, or otherwise prevent access to pornography or obscenity through online resources and to submit an annual report to the state board of education regarding same. - Amends TCA Title 39, Chapter 17 and Title 49, Chapter 1.

HB 2454 – Sponsored by Reps Weaver , Doggett, Littleton, Lynn, Zachary, Moody, Crawford, Powers, Lafferty, Cepicky, Lamberth, Hulsey, Rudder, Haston, Carringer, Warner, Howell, Rudd, Griffey

SB2292 - Sponsored by Senator Mike Bell

Current Status: 

Placed on cal. Education Administration for 4/6/2022 at 3:30

                Members - https://www.capitol.tn.gov/house/committees/educationadmin.aspx

Recommended for passage with amendment/s, refer to Senate Calendar Committee

ACTION STEPS: Email members of the House Education Administration. Here are talking points:

• Any database accessible by students would fall under this legislation which includes newspapers, encyclopedias and archives. 

• This filtering bill is unnecessary as it does not acknowledge or account for safeguards already in place.

• Public schools that receive federal funds are already required under Children’s Internet Protection Act (CIPA) to have filters in place on school devices.

• School boards adopt and implement acceptable use policies so that parents and students understand and agree to appropriate digital practices in school; violation of those policies results in a disciplinary and, if needed, counseling referral.

• The idea that students are using educational databases to access pornography is simply false; these databases gather educational and mainstream media resources for academic use.

• It is essential that students learn to navigate online databases, and that they have access to the resources contained within them, in order to prepare for success in careers and college.

• We support a parent’s right to filter their child’s home devices or phones.

• Research databases include thousands of titles and millions of articles. It is essential that students learn to navigate online databases, and that they have access to the resources contained within them, in order to prepare for success in their careers and college. Mastering these databases in K12 allows for students to be college ready. TEL recommends databases by grade levels but students often need access to college level materials to complete their research papers and other assignments.

• This bill is unnecessary as it does not reflect safeguards already in place.

• Schools and public libraries must remain in compliance with the federal Children’s Internet Protection Act (CIPA), including use of utilize filtering technology to control internet access, for continued eligibility for certain federal e-rate funding. Here are the FCC rules (https://www.in.gov/library/files/fccfinalrules.pdf).
• Filtering is not perfect. Content filters are updated daily as new sites are available but online vendors are willing to work with libraries and schools to ensure students’ safety.
• The materials in question are not obscene or pornography. While some of the content in question may be distasteful or not what that parent would select for their child, the content is not what a reasonable person would determine to be harmful to minors.
• School libraries have been underfunded across Tennessee for many years and without TEL they would have no online resources. 
• This bill originated from outside of TN and the TN Eagle Forum and the bill’s sponsors are merely shopping around unnecessary legislation from Colorado and Texas. Introducing bills without talking to librarians or the Tennessee Electronic Library to understand how the online resources work is irresponsible. 
• The Collegeboard has indicated they are watching and will consider removing their designation from high school courses. This will have far reaching effects for students and their families- especially those counting on that college credit to save them money in college.