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Tennessee Enacts Law to Protect Parental Rights

Tennessee Enacts Law to Strengthen Parental Authority

Tennessee’s Governor Bill Lee has signed legislation designed to reinforce parental control in education and beyond. Known as the Family Rights and Responsibilities Act (Senate Bill 2749), the measure secured robust support in a Republican-controlled state legislature and passed with considerable majorities, while facing consistent opposition from Democrats in both legislative chambers.

A sign outside a classroom

Key Provisions of the Law

The new law establishes that a parent’s fundamental right to care for, control, and make decisions regarding their child’s upbringing—including moral, religious, educational, and health matters—is inviolable. It mandates that any governmental restriction on these rights must be justified by a compelling need and executed in the least restrictive way possible.

Under the act, parents are empowered to direct their child’s upbringing, select the type of school—whether public, private, religious, or home-based—and review their child’s educational records. They also hold exclusive authority to decide on mental and physical healthcare measures, including the right to access all medical records.

Protecting Privacy and Health Information

A significant element of the legislation is its focus on safeguarding the flow of critical information. It prohibits public employees from withholding details regarding a child’s physical, emotional, or mental health from their parents and bars any attempt to encourage or coerce a child into keeping such information secret.

The law further requires that schools obtain parental consent before recording students or collecting biometric data. In most circumstances, parental approval is also necessary prior to administering medical or psychological treatments, unless a general consent has already been provided.

Context and Reactions

This move comes amid broader national debates over parental access to sensitive student information, particularly in cases involving gender identity. Recent challenges in various school districts have highlighted policies that limit parental awareness of students’ gender identity statuses. Critics from civil rights groups argue that such legislation could jeopardize the privacy and dignity of transgender students, while supporters contend that the measure is essential for ensuring that parents remain fully informed and involved in decisions affecting their children.

Advocates for the new law emphasize that reinforcing parental rights is akin to protecting other fundamental freedoms, such as free speech and religious expression, and serves as a necessary check against excessive governmental interference in family life.

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