Bill > HB1491

This bill, titled the "Protecting Religious Liberty and Expression in Public Schools Act," aims to amend Tennessee law to allow for greater religious expression in public schools. It establishes that state officers and employees can only enforce the "separation of church and state doctrine," which is defined as restrictions or denials of benefits justified by this doctrine or by specific Supreme Court decisions, when required by a court judgment or a direct, factually and legally indistinguishable ruling from the U.S. Supreme Court. The bill also allows individuals harmed by violations of these provisions to sue state or local officers and recover damages, court costs, and attorney fees, and it shifts the burden of paying costs and attorney fees to those who sue to enforce the separation of church and state doctrine against others, making them liable for the prevailing party's expenses. Furthermore, public schools are required to offer instruction on the Bible as literature and its historical and ethical teachings, though they cannot teach it as dogma or coerce belief, and students can be excused from this instruction upon request. The bill also mandates that public schools provide an opportunity for a designated period of prayer and reading of religious texts, requiring written consent from students or their parents, which includes a waiver of the right to sue and an agreement to arbitrate any related legal claims. Finally, any student or their parent can bring a civil action against a school district for noncompliance with these provisions.