Flags - As introduced, prohibits LEAs and public charter schools from displaying in public schools flags other than the official United States flag and the official Tennessee state flag. - Amends TCA Section 5-5-114; Section 6-54-144 and Title 49.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1605Date
    Failed to pass Senate, Ayes 13, Nays 6, PNV 304/23/2024
    Senate adopted Amendment (Amendment 2 - SA0562)04/23/2024
    Senate adopted Amendment (Amendment 1 - SA0560)04/23/2024
    Senate substituted House Bill for companion Senate Bill.04/23/2024
    Received from House, Passed on First Consideration02/29/2024
    Engrossed; ready for transmission to Sen.02/27/2024
    Passed H., as am., Ayes 70, Nays 24, PNV 102/26/2024
    Am. tabled. (Amendment 3 - HA0570)02/26/2024
    H. adopted am. (Amendment 2 - HA0563)02/26/2024
    H. adopted am. (Amendment 1 - HA0544)02/26/2024
    Sponsor(s) Added.02/26/2024
    Sponsor(s) withdrawn.02/22/2024
    H. Placed on Regular Calendar for 2/26/202402/22/2024
    Placed on cal. Calendar & Rules Committee for 2/22/202402/21/2024
    Rec. for pass. if am., ref. to Calendar & Rules Committee02/14/2024
    Sponsor(s) Added.02/12/2024
    Placed on cal. Education Administration for 2/14/202402/07/2024
    Sponsor(s) Added.02/07/2024
    Sponsor(s) Added.02/06/2024
    Rec for pass if am by s/c ref. to Education Administration02/06/2024
    Placed on s/c cal K-12 Subcommittee for 2/6/202401/31/2024
    Sponsor(s) Added.01/31/2024
    Action Def. in s/c K-12 Subcommittee to 2/6/202401/30/2024
    Placed on s/c cal K-12 Subcommittee for 1/30/202401/24/2024
    Sponsor(s) Added.01/24/2024
    Sponsor(s) Added.01/23/2024
    Assigned to s/c K-12 Subcommittee01/10/2024
    P2C, ref. to Education Administration01/10/2024
    Intro., P1C.01/09/2024
    Sponsor(s) Added.01/09/2024
    Sponsor(s) Added.01/02/2024
    Filed for introduction11/15/2023
    Actions For SB1722Date
    Companion House Bill substituted04/23/2024
    Placed on Senate Regular Calendar for 4/23/202404/22/2024
    Senate Reset on calendar for 4/23/202404/22/2024
    Placed on Senate Regular Calendar for 4/22/202404/19/2024
    Senate Reset on calendar for 4/22/202404/18/2024
    Placed on Senate Regular Calendar for 4/18/202404/17/2024
    Senate Reset on calendar for 4/18/202404/17/2024
    Placed on Senate Regular Calendar for 4/17/202404/15/2024
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 5, Nays 4 PNV 002/21/2024
    Placed on Senate Education Committee calendar for 2/21/202402/14/2024
    Action deferred in Senate Education Committee to 2/21/202402/14/2024
    Placed on Senate Education Committee calendar for 2/14/202402/08/2024
    Passed on Second Consideration, refer to Senate Education Committee01/22/2024
    Introduced, Passed on First Consideration01/11/2024
    Filed for introduction01/10/2024
  • AmendmentsFiscal Memos
    HA0544Amendment 1-0 to HB1605Fiscal Memo for HA0544 (13663)  
    HA0563Amendment 2-0 to HB1605 
    HA0570Amendment 3-0 to HB1605 
    HA0571Amendment 4-0 to HB1605 
    AmendmentsFiscal Memos
    SA0560Amendment 1-1 to SB1722Fiscal Memo for SA0560 (14290)  
    SA0562Amendment 2- to SB1722 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB1605

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    ON FEBRUARY 26, 2024, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 1605, AS AMENDED,

    AMENDMENT #2 rewrites this bill and AMENDMENT #1 to make the following changes regarding flags displayed in an LEA or public charter school:

    (1) Prohibits an LEA or public charter school from displaying, or permitting any of its employees or agents to display, a flag other than the following on or in a public school: (i) the U.S. flag; (ii) the official Tennessee state flag; (iii) a flag that cannot be disturbed or altered pursuant to the law relevant to Tennessee heritage protection; (iv) the POW/MIA flag; (v) a flag that represents an Indian tribe, as defined in federal law; (vi) a flag that represents a city, county, metropolitan government, or other political subdivision of this state; (vii) a flag that represents any unit, branch, or other division of the armed forces; (viii) the current, official flag of a country or political subdivision of that country; (ix) a flag that represents a college or university; (x) a flag that is displayed temporarily as part of a bona fide course curriculum; (xi) an official school flag; or (xii) the flag of an organization duly authorized to use a public school building. However, the flag of an organization duly authorized to use a public school building may only be displayed at the time and place that the organization is authorized to use school property;

    (2) Applies the provisions of the bill only to the extent permitted by the Constitution of Tennessee and the First Amendment to the United States Constitution;

    (3) Provides that a parent or guardian of a student who is enrolled in and attends, or of a child who is eligible to enroll in and attend, a school operated by an LEA or public charter school, has standing to file a civil action against the LEA or public charter school in a chancery court to enforce this amendment. However, prior to filing an action, the parent or guardian must first provide written notice of the alleged violation of this amendment to the LEA or public charter school and allow the LEA or public charter school 10 days to remedy a violation.

    ON APRIL 23, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1605 FOR SENATE BILL 1722 AND ADOPTED AMENDMENTS #1 AND #2. HOUSE BILL 1605, AS AMENDED, FAILED TO RECEIVE A CONSTITUTIONAL MAJORITY AND WAS REFERRED TO THE CALENDAR COMMITTEE.

    AMENDMENT #1 rewrites the bill to provide the following:

    (1) Prohibits an LEA or public charter school from displaying, nor permitting any of its employees or agents to display, a flag on or in a public school other than (i) the United States flag; (ii) the official Tennessee state flag; (iii) a flag that cannot be disturbed or altered pursuant to Tennessee heritage protection law; (iv) the POW/MIA flag; (v) a flag that represents an Indian tribe; (vi) a flag that represents a city, county, metropolitan government, or other political subdivision of this state; (vii) a flag that represents any unit, branch, or other division of the armed forces, including an ROTC program; (viii) a flag that represents a country or political subdivision thereof; (ix) a flag that represents a college or university; (x) a flag that is displayed temporarily as part of a bona fide course curriculum; (xi) an official school flag; or (xii) the flag of an organization duly authorized to use a public school building if the flag is only displayed at the time and place that the organization is authorized to use school property;

    (2) Clarifies that this bill applies, and must be construed by any court to apply, only to the extent permitted by the freedom of speech and press protections in the Constitution of Tennessee and the First Amendment to the U.S. Constitution;

    (3) Clarifies that if any provision in this bill is held to violate such constitutional provisions described in (2) above, then the other provisions of this bill are severable and are not affected by such determination;

    (4) Provides that a student, a student's parent or guardian, or a school employee has standing to file a civil action against the LEA or public charter school in which the student is enrolled, or the school employee is employed, in a chancery court of competent jurisdiction if the LEA or public charter school fails to comply with this bill. However, prior to filing such an action, the student, parent or guardian, or school employee must first provide written notice of the LEA's or public charter school's alleged violation of this bill to the LEA or public charter school and allow the LEA or public charter school 10 days to remedy the violation; and

    (5) Requires the commissioner of education to provide direction through administrative and supervisory activities designed to build and maintain an effective organization by prescribing rules regarding the display of flags on public school buildings in accordance with this bill.

    AMENDMENT #2 rewrites the bill to prohibit an LEA or public charter school from displaying any flag other than the United States flag and the official Tennessee state flag on or in a public school.

  • FiscalNote for HB1605/SB1722 filed under HB1605
  • House Floor and Committee Votes

    HB1605 by Bulso - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 2/26/2024
    Passed
              Ayes...............................................70
              Noes...............................................24
              Present and not voting...................1

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Hill, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Vaughan, Vital, Warner, Williams, Wright, Zachary, Mr. Speaker Sexton -- 70.
              Representatives voting no were: Behn, Camper, Chism, Clemmons, Dixie, Freeman, Gillespie, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Shaw, Thompson, Whitson -- 24.
              Representatives present and not voting were: White -- 1.

    HB1605 by Bulso - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 2/26/2024
    Passed
              Ayes...............................................72
              Noes...............................................22

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Helton-Haynes, Hicks G, Hicks T, Hill, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Williams, Wright, Zachary, Mr. Speaker Sexton -- 72.
              Representatives voting no were: Behn, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Shaw, Thompson, Towns -- 22.

    HB1605 by Bulso - FLOOR VOTE: REGULAR CALENDAR MOTION TO CONSIDER AMENDMENT # 4 BY PEARSON PASSAGE ON THIRD CONSIDERATION 2/26/2024
    Failed
              Ayes...............................................24
              Noes...............................................73

              Representatives voting aye were: Behn, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, Kumar, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Shaw, Thompson, Towns -- 24.
              Representatives voting no were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Hill, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 73.

    HB1605 by Bulso - FLOOR VOTE: REGULAR CALENDAR LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 3 BY POWELL PASSAGE ON THIRD CONSIDERATION 2/26/2024
    Passed
              Ayes...............................................74
              Noes...............................................23

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Hill, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Shaw, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Williams, Wright, Zachary, Mr. Speaker Sexton -- 74.
              Representatives voting no were: Behn, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Thompson, Towns, Whitson -- 23.

    HB1605 by Bulso - FLOOR VOTE: REGULAR CALENDAR MOTION TO ADOPT AMENDMENT # 2 BY CEPICKY PASSAGE ON THIRD CONSIDERATION 2/26/2024
    Passed
              Ayes...............................................84
              Noes................................................2
              Present and not voting...................7

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bulso, Burkhart, Butler, Camper, Capley, Carr, Carringer, Cepicky, Clemmons, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Freeman, Fritts, Gant, Garrett, Gillespie, Glynn, Grills, Hakeem, Hale, Hardaway, Haston, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks G, Hicks T, Hill, Holsclaw, Howell, Hulsey, Jernigan, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Miller, Mitchell, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Shaw, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Towns, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 84.
              Representatives voting no were: Harris, Parkinson -- 2.
              Representatives present and not voting were: Behn, Dixie, Johnson G, Jones, Pearson, Powell, Thompson -- 7.

              HB1605 by Bulso - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 2/26/2024 2/22/2024
              Voice Vote - Ayes Prevail Rep(s). Camper, Clemmons, Thompson requested to be recorded as voting No

    HB1605 by Bulso - HOUSE EDUCATION ADMINISTRATION COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 2/14/2024
    Passed
              Ayes...............................................12
              Noes................................................4
              Present and not voting...................1

              Representatives voting aye were: Baum, Bulso, Butler, Cepicky, Haston, Hurt, Lafferty, Ragan, Richey, Slater, Stevens, Warner -- 12.
              Representatives voting no were: Gillespie, Love, McKenzie, Parkinson -- 4.
              Representatives present and not voting were: White -- 1.

              HB1605 by Bulso - K-12 SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Education Administration 2/6/2024
              Voice Vote - Ayes Prevail Rep(s). McKenzie requested to be recorded as voting No

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1605

    HB1605 by Bulso - FLOOR VOTE: as Amended Third Consideration 4/23/2024
    Failed
              Ayes...............................................13
              Noes................................................6
              Present and not voting...................3

              Senators voting aye were: Crowe, Hensley, Jackson, Johnson, Lowe, Lundberg, Niceley, Roberts, Rose, Southerland, Swann, Taylor, White -- 13.
              Senators voting no were: Akbari, Campbell, Lamar, Oliver, Yarbro, Mr. Speaker McNally -- 6.
              Senators present and not voting were: Briggs, Gardenhire, Yager -- 3.

    SB1722 by Hensley - SENATE EDUCATION COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 5, Nays 4 PNV 0 2/21/2024
    Passed
              Ayes................................................5
              Noes................................................4

              Senators voting aye were: Crowe, Haile, Hensley, Pody, White -- 5.
              Senators voting no were: Akbari, Gardenhire, Lundberg, Powers -- 4.