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SB 376

Education, Higher - As enacted, prohibits institutions of higher education from excluding a person from benefits, activities, and employment, or making decisions, based on a person's race, color, ethnicity, or national origin; requires such institutions to provide notice of such prohibitions; authorizes injunctive and declaratory relief for violations. - Amends TCA Title 49, Chapter 7.

114th Regular Session (2025-2026) Introduced by Paul Rose

Tennessee law now prohibits higher education institutions from using race/ethnicity in employment, admissions, and benefits decisions, enabling private lawsuits for violations.

Pub. Ch. 245
#education #higher
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WeVote Research Nonpartisan
Bill Summary · SB 376

Legislative bill overview

SB 376 prohibits Tennessee higher education institutions from making decisions about student benefits, activities, or employment based on race, color, ethnicity, or national origin. The law requires institutions to provide public notice of these prohibitions and creates legal mechanisms for individuals to seek injunctive and declaratory relief if they believe the law has been violated.

Why is this important

This legislation directly impacts how universities allocate scholarships, structure programs, and make admissions decisions. It affects both institutional policies and individual students by potentially limiting or eliminating race-conscious practices that some institutions use for diversity initiatives, while creating enforcement pathways through civil litigation.

Potential points of contention

  • Definition clarity: The bill doesn't specify whether race-neutral policies with disparate racial impacts are prohibited, potentially creating litigation uncertainty
  • Diversity vs. non-discrimination tension: Critics argue the law eliminates tools for addressing historical inequities, while supporters contend it enforces equal treatment regardless of intent
  • Scholarship and program impacts: Institutions may need to restructure targeted scholarships, mentorship programs, and outreach initiatives serving historically underrepresented groups
  • Legal enforcement burden: The authorization for private lawsuits could generate substantial litigation costs for institutions and individuals
  • Compliance complexity: Institutions must navigate federal Title VI requirements (which allow some race-conscious remedies) against this state law's broader restrictions

Compiled from official sources — confirm details with the bill’s official record.

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