Amendments	Fiscal Memos
SA0378	Amendment 1-0 to SB0817

	Amendments	Fiscal Memos
HA0233	Amendment 1-1 to HB1376

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

Increase State Expenditures – $1,536,200/FY23-24/Locally Governed Institutions $1,496,200/FY24-25 and Subsequent Years/ Locally Governed Institutions $680,900/FY23-24/University of Tennessee System $305,900/FY24-25 and Subsequent Years/ University of Tennessee System $914,800/FY23-24 and Subsequent Years/ Tennessee Board of Regents $100,600/FY23-24 and Subsequent Years/ Tennessee Higher Education Commission

Bill Summary

DIVISIVE CONCEPTS

Under present law, the following concepts are defined as divisive concepts:

(1) One race or sex is inherently superior or inferior to another race or sex;

(2) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;

(3) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex;

(4) An individual's moral character is determined by the individual's race or sex;

(5) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(6) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;

(7) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex;

(8) This state or the United States is fundamentally or irredeemably racist or sexist;

(9) Promotes or advocates the violent overthrow of the United States government;

(10) Promotes division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;

(11) Ascribes character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex;

(12) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;

(13) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness;

(14) Governments should deny to any person within the government's jurisdiction the equal protection of the law;

(15) Includes race or sex stereotyping; or

(16) Includes race or sex scapegoating.

Present law provides that the following restrictions apply to public institutions of higher education in this state ("institutions"):

(1) A student or employee of an institution must not be penalized, discriminated against, or receive adverse treatment due to their refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to a divisive concept;

(2) A student or employee of an institution must not be required to endorse a specific ideology or political viewpoint to be eligible for hiring, tenure, promotion, or graduation, and institutions must not ask the ideological or political viewpoint of a student, job applicant, job candidate, or candidate for promotion or tenure; and

Present law provides that an individual who believes that a violation of (1)-(2) has occurred may pursue all equitable or legal remedies that may be available to the individual in a court of competent jurisdiction.

This bill authorizes a student or employee, who believes a violation of (1)-(2) has occurred, to file a report of the alleged violation with the institution. The institution must maintain the filed report and make the report available for public inspection on the institution's website. However, a filed report must be redacted, if necessary, to ensure compliance with the federal Family Educational Rights and Privacy Act and all other relevant privacy laws.

REPORTING VIOLATIONS AND INVESTIGATIONS

This bill requires the Tennessee higher education commission ("commission") to promulgate rules that do the following:

(1) Establish a process by which a person can file a report for an alleged violation;

(2) Require each institution that receives a report to investigate the report;

(3) Create a corrective action plan for an institution that discovers violations during, or at the conclusion of, the institution's investigation; and

(4) Create a reporting requirement for reports filed, the subsequent investigations, and any corrective action plans developed pursuant to rules promulgated by the commission.

USE OF INSTITUTION'S PROPERTY

This bill provides that, for the purposes of approving or scheduling usage of the institution's property, an institution is prohibited from showing bias or favoritism:

(1) For a student group that is peaceful and requests to use the institution's property in a peaceful and lawful manner;

(2) Based upon a guest speaker's or a guest speaker's student-sponsoring groups' viewpoint, race, creed, color, religion, non-violent political ideology, or non-violent political party affiliation; or

(3) For a student group that, or a guest speaker who, intends to maintain a peaceful campus presence and peaceful use of the institution's property because the institution receives threatened simple breaches of the peace or non-destructive disruptions from groups or individuals who oppose the student group's or guest speaker's presence on campus.

Additionally, this bill prohibits an institution from requiring a student group to pay fees or security deposits that are not charged to all other student groups; or denying a student group access to the institution's property, if the property is routinely used by other student groups.

However, this bill authorizes an institution to restrict or deny use of the institution's property for public displays, organized public gatherings, or public demonstrations if the display, gathering, or demonstration would violate the law making it unlawful to knowingly produce, send, or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of the aforementioned with any matter found legally obscene that violates the requirements of federal law.

EFFECTS ON CURRICULUM AND LEARNING OUTCOMES

In order to assess the extent to which divisive concepts may have been included or have otherwise affected the curriculum, this bill requires each institution to publish a current syllabus for each course offered in the current semester at the institution on the institution's website no later than the seventh business day following the first day of class for the respective semester.

In order to assess the extent to which learning outcomes may have been affected by the inclusion of a divisive concept in the student learning experience, this bill authorizes the commission to promulgate rules that require institutions to submit data and information requested by the commission in a standardized format to allow the commission to provide an online organized data compilation that details the number of students who completed the program at the institution for the three most recent academic years, disaggregated by underserved minority students; and the students' results on a nationally recognized assessment that assesses a student's readiness for postsecondary education, if available to the school, and the students' final grade point average.

RESTRICTIONS ON DIVISE CONCEPTS

Present law prohibits an institution from doing the following:

(1) Conducting mandatory training of students or employees if the training includes a divisive concept;

(2) Using training programs or training materials for students or employees if the program or material includes a divisive concept; or

(3) Using state-appropriated funds to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate a divisive concept into academic curricula.

This bill also prohibits an institution from approving or using state funds for fees, dues, subscriptions, travel in conjunction with membership, meetings, or activities of an organization that endorses or promotes a divisive concept.

EMPLOYEES WHOSE DUTIES INCLUDE DIVERSITY

Present law provides that, if an institution employs employees whose primary duties include diversity, then the duties of such employees must include efforts to strengthen and increase intellectual diversity among the students and faculty of the institution at which they are employed. This bill deletes this provision and provides, instead, that, if an institution employs an individual whose primary or secondary job duties or job title includes diversity, equity, or inclusion, then:

(1) The employee's duties must include specific tasks and efforts to strengthen and increase intellectual diversity and individual liberty among the students, faculty, and employees of the institution with divergent points of view to facilitate the free and respectful exchange of ideas; and

(2) The employee must allocate at least 50 percent of the employee's duties to mentoring, providing academic coaching, and providing learning support activities necessary for the academic success of students who are eligible to receive the federal Pell grant.

NOTIFICATION REQUIREMENTS

This bill requires an institution to notify new students, faculty, and employees of the restrictions described above and the concepts that constitute divisive concepts on the institution's website; on all inductor materials provided to the new student, faculty, or employee; and in introductory meetings with new students, faculty, or employees.

REPORT

This bill requires each institution to annually submit a report to the commission on the implementation of the notification requirements described above.

RULEMAKING

This bill requires the commission to promulgate rules to effectuate this bill.

ON APRIL 5, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 817, AS AMENDED.

AMENDMENT #1 makes the following changes and additions to this bill:

(1) Revises some of the legislative findings;

(2) Requires an institution to take appropriate steps to correct any violation that is found to have occurred after a report is filed;

(3) Replaces the requirement that an institution make reports available for public inspection on the institution's website with a requirement that an institution report violations and any corrective action annually to the comptroller of the treasury through the comptroller's office of research and education accountability;

(4) Deletes the requirement that each institution publish a current syllabus for every course offered in the current semester on the institution's website and the requirement to submit data and information pertaining to details on the number of students who completed a program at the institution for the three most recent academic years;

(5) Prohibits a public institution of higher education from requiring an applicant for employment or admission to submit a personal diversity statement or to affirm the applicant's agreement with an institutional diversity statement as part of the application or admissions process;

(6) Prohibits an institution from approving or using state funds, fees, dues, subscriptions, or travel in conjunction with the membership, meetings, or activities of an organization if participation in such organization requires an individual or an individual's employer to endorse or promote a divisive concept (instead of, if the organization endorses or promotes a divisive concept);

(7) Revises the provisions concerning employees of a public institution of higher education whose primary job title includes diversity, equity, or inclusion to require:

(A) The institution to ensure that the employee's efforts strengthen and increase intellectual diversity and promote a climate that facilitates the free and respectful exchange of ideas; and

(B) The institution to ensure that the employee's duties include efforts devoted to supporting student academic achievement and workforce readiness, such as mentoring, career readiness and support, workforce development, or other related learning support activities necessary for the academic and professional success of all students; and

(8) Requires institutions to provide employee training to ensure compliance with the provisions.