College and Higher Education News State Government

Legislation to strengthen “divisive concepts” restrictions at universities advances from House Subcommittee

The debate over “divisive concepts” at universities is making returns to the Tennessee General Assembly.

Oak Ridge Representative John Ragan proposed a bill that he says will strengthen existing laws that prohibit mandatory training on so-called “divisive concepts” at universities and other higher education institutions.

Legislation defines a “divisive concept” as an idea that inflames divisions based on subjects like sex, race, religion, and ethnicity. The definition also includes concepts that deem one race or sex as superior to the other, race or sex-based privilege, and race or sex scapegoating or stereotyping.

Representative Ragan’s Tennessee Higher Education Freedom of Expression and Transparency Act advanced out of the House Higher Education Subcommittee Monday afternoon.

“No one should be forced to abandon their morals or peaceful lawful beliefs to avoid discrimination in public higher education institutions,” said Representative Regan. “The impact of this bill is that it keeps colleges about advancing knowledge, not about advancing political or social agendas.”

Representative Ragan’s legislation sets up a complaint system for employees and students to file if they believe their university is hampering intellectual diversity or violating the law. Additionally, opposing campus groups would not be able to veto other recognized campus groups and their guest speakers and universities couldn’t require groups to pay a security fee for speakers.

The legislation would also place new requirements on university staff who work on diversity policies.

“An institution, which I would prefer not to name, has named 18 of their employees to come up with diversity, equity, and inclusion plans and actions and while I have no problem with that personally, the idea behind it straight forwardly is that if they’re going to be doing that, this bill requires them to be putting their efforts to strengthen and increase intellectual diversity and promote a climate that facilitates free and respectful exchange of ideas,” said Ragan.

Last year’s “divisive concepts” legislation faced criticism from educators who argued it would keep professors from teaching uncomfortable topics.

“We understand that some members of our university community may feel targeted, and we are concerned about the potential chill that faculty and staff may feel about the outstanding work they are doing. We are here to support you and your ability to conduct your research, share your results, and teach your classes,” wrote University of Tennessee Chancellor Donde Plowman in a message to students and staff following the legislation’s passage last year.

Representative Ragan says he’s proposing the legislation in response to complaints he’s received that intellectual diversity is being compromised on higher education campuses.

Members of the House Education Administration Committee will vote on the legislation next Monday.

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