(a) The general assembly finds the following:

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Terms Used In Tennessee Code 49-6-8002

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Establishment clause: means the portion of the first Amendment to the . See Tennessee Code 49-6-8003
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Judicial decisions concerning religion, free speech and public education are widely misunderstood and misapplied;
(2) Confusion surrounding these decisions has resulted in needless litigation and conflicts;
(3) The supreme court of the United States has ruled that the establishment clause of the first Amendment to the United States constitution requires that public schools neither advance nor inhibit religion. Public schools should be neutral in matters of faith and treat religion with fairness and respect;
(4) Neutrality to religion does not require hostility to religion. The establishment clause does not prohibit reasonable accommodation of religion, nor does the clause bar appropriate teaching about religion; and
(5) Accommodation of religion is required by the free speech and free exercise clauses of the first amendment as well as by the Equal Access Act ( 20 U.S.C. § 4071 et seq.).
(b) The purpose of this part is to create a safe harbor for schools desiring to avoid litigation and to allow the free speech and religious liberty rights of school employees to the extent permissible under the establishment clause.
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