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    HB9005

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    Anonymous GF8PPILW5
    This bill amends Tennessee law to prohibit public schools from mandating or requiring students, teachers, or employees to wear masks. It requires schools to provide reasonable accommodations, such as placement in a masked setting, to those who request it. Schools cannot use state funds to mandate masks but can purchase masks for accommodated individuals. The bill takes effect upon becoming law.

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    HB9005

    Uploaded by

    Anonymous GF8PPILW5
    1K views3 pages
    This bill amends Tennessee law to prohibit public schools from mandating or requiring students, teachers, or employees to wear masks. It requires schools to provide reasonable accommodations, such as placement in a masked setting, to those who request it. Schools cannot use state funds to mandate masks but can purchase masks for accommodated individuals. The bill takes effect upon becoming law.

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    Special Session Bill

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    This bill amends Tennessee law to prohibit public schools from mandating or requiring students, teachers, or employees to wear masks. It requires schools to provide reasonable accommodations, such as placement in a masked setting, to those who request it. Schools cannot use state funds to mandate masks but can purchase masks for accommodated individuals. The bill takes effect upon becoming law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views3 pages

    HB9005

    Uploaded by

    Anonymous GF8PPILW5
    This bill amends Tennessee law to prohibit public schools from mandating or requiring students, teachers, or employees to wear masks. It requires schools to provide reasonable accommodations, such as placement in a masked setting, to those who request it. Schools cannot use state funds to mandate masks but can purchase masks for accommodated individuals. The bill takes effect upon becoming law.

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    <BillNo> <Sponsor>

    HOUSE BILL 9005

    By Zachary

    AN ACT to amend Tennessee Code Annotated, Title 49,


    relative to uniform standards for persons subject to
    COVID-19 face covering requirements in schools.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

    SECTION 1. Tennessee Code Annotated, Title 49, Chapter 50, is amended by adding

    the following as a new part:

    49-50-1801. As used in this part:

    (1) "COVID-19" means the novel coronavirus, SARS-CoV-2, and coronavirus

    disease 2019, commonly referred to as COVID-19, including any mutation of SARS-

    CoV-2 or COVID-19;

    (2) "Health officer" means a county health officer, as described in title 68,

    chapter 2, part 6; a district health director, as described in § 68-2-704; and any other

    state, district, municipal, or county health officer; and

    (3) "Mask" means a material used to cover the nose and mouth of a person to

    impede the spread of saliva or other fluids during speaking, coughing, sneezing, or other

    intentional or involuntary action to prevent or reduce the spread of COVID-19.

    49-50-1802.

    (a) Notwithstanding chapter 2, part 2 of this title; chapter 13 of this title; an order

    of a health officer pursuant to title 68 or § 4-3-1803; an order of a mayor pursuant to a

    private act or local resolution or ordinance; or an executive order issued by the governor

    pursuant to § 58-2-107, a local board of education or public school shall not mandate or

    require students, teachers, or employees to wear a mask.

    (b)

    HB9005
    010038
    -1-
    (1) A public school shall, to the extent practicable, provide a reasonable

    accommodation to a student, teacher, or employee of the public school who:

    (A) Desires to be placed in an educational setting in which all

    persons who may come within six feet (6') of another within that

    educational setting are wearing a mask; and

    (B) Provides a written request for a reasonable accommodation to

    the school principal. If the student seeking a reasonable accommodation

    under this subsection (b) is under eighteen (18) years of age, then the

    student's parent or legal guardian must provide the written request for the

    accommodation to the school principal on the student's behalf.

    (2) The school principal shall evaluate the request on behalf of the public

    school and, to the extent practicable, provide a reasonable accommodation. The

    principal shall issue a decision approving or denying the request in writing. If the

    principal denies the request, then the grounds for denial must be provided in the

    principal's written decision. If the school principal approves the request, then the

    school may place the student, teacher, or employee in an in-person educational

    setting in which all persons who may come within six feet (6') of another within

    that educational setting are wearing a mask provided by the public school that

    meets the U.S. National Institute for Occupational Safety and Health N95

    classification of air filtration, meaning that the face covering filters at least ninety-

    five percent (95%) of airborne particles, including droplets containing the SARS-

    CoV-2 virus, or a variant of the SARS-CoV-2 virus.

    (3) This section does not prohibit a local board of education or public

    school from adopting policies necessary to accommodate persons protected

    under the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.).

    -2- 010038
    (c)

    (1) A local board of education or public school shall not use state funds

    to mandate or require students to wear a mask in violation of subsection (a). If a

    local board of education or public school violates this subdivision (c)(1), then the

    commissioner of education may withhold future distributions of public school

    funds from the LEA or public charter school in the amount of the state funds used

    by the local board of education or public charter school in violation of this

    subdivision (c)(1), or the attorney general and reporter may initiate legal

    proceedings to recover all state funds used in violation of this subdivision (c)(1).

    (2) A local board of education or public school that violates subdivision

    (c)(1) is not eligible to receive an appropriation, grant, or other funds from this

    state until the local board of education or public school is in compliance.

    (3) This subsection (c) does not prohibit a local board of education or

    public school from using state funds to purchase a mask that meets the U.S.

    National Institute for Occupational Safety and Health N95 classification of air

    filtration, meaning that the face covering filters at least ninety-five percent (95%)

    of airborne particles, including droplets containing the SARS-CoV-2 virus, or a

    variant of the SARS-CoV-2 virus, for students, teachers, or employees who

    receive a reasonable accommodation pursuant to subsection (b).

    SECTION 2. This act is not an appropriation of funds, and funds shall not be obligated

    or expended pursuant to this act unless the funds are specifically appropriated by the general

    appropriations act.

    SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.

    -3- 010038

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