Tennessee Bill Regarding the Attorney General and School Restroom Policies (HB 1274)
This law was last updated on May 1, 2019
HB 1274 would direct the state attorney general to defend any local school district that adopts a policy preventing transgender students from using restrooms and locker rooms that correspond with their gender identity.
The bill would expand the attorney general and reporter’s duties to include representation of a local education agency (LEA) or certain LEA employees in any court or administrative tribunal arising out of the adoption of a policy designating multi-person restrooms, locker rooms, or other facilities for use based only on one’s biological sex.
The bill defines “employee” or employees” to mean “an LEA’s present or past directors of schools, board members, teachers, or nonprofessional staff members.”
In the event that the attorney general and reporter determines that the best interest of the state, LEA, or employee requires private counsel, the LEA or employee would be notified and would have the right to file for reimbursement of defense costs in the same manner as state employees.
The bill was amended to specify that the state attorney general would not be able to defend a policy that they find to be unconstitutional.
Companion bill to SB 1499.
4/30/19 – Amended; passed the House by a 72-23 vote.