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Back to HB 377
Tennessee General Assembly· HB 377Comp. SB subst.

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 o, the official text

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                             PUBLIC CHAPTER NO. 245

                                                     SENATE BILL NO. 376

                                        By Rose, Bowling, Gardenhire, Hensley

                                             Substituted for: House Bill No. 377

      By Zachary, Powers, McCalmon, Reedy, Fritts, Capley, Reneau, Cepicky, Lafferty, Bricken

AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 7, relative to institutions of higher
          education.

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

          SECTION 1. Tennessee Code Annotated, Title 49, Chapter 7, Part 1, is amended by adding
the following as a new section:

          49-7-190.

                    (a) As used in this section, "institution" means a four-year public or private institution of
          higher education located in this state.

                    (b) A person must not be excluded from participating in, denied the benefits of, or
          subjected to discrimination by an institution, or any program or activity at an institution, on the
          basis of one's race, color, ethnicity, or national origin, including those resulting from affirmative
          action practices.

                    (c) An institution, a program or activity at an institution, or an officer, employee, or agent
          of an institution, shall not exclude a person from participating in, deny a person the benefits of,
          or subject a person to discrimination at the institution based on the person's race, color,
          ethnicity, or national origin, as prohibited by this section.

                    (d) An institution shall not consider an applicant's race, color, ethnicity, or national origin
          in determining whether the applicant qualifies for admission to the institution, or for
          scholarships or financial aid offered at the institution. Institutions shall not use aggregated data
          to develop admissions or student population quotas based on race, color, ethnicity, or national
          origin, or use any such data in making admissions decisions. An institution is not prohibited
          from awarding different scholarships to students, or the same scholarship to students in
          different amounts, so long as the scholarship awarded or the scholarship amount awarded is
          not solely based on the student's race, color, ethnicity, or national origin.

                     (e) Each institution shall provide notice of this section and of any relevant policies
          adopted by the institution in response to this section to all:

                               (1) Employees of the institution's central admissions or financial aid offices prior
                     to the start of the 2025-2026 academic year; and

                               (2) Employees of the institution's central admissions or financial aid offices upon
                     their employment, if the 'employee is hired on or after the start of the 2025-2026
                     academic year.

                     (f) An individual who believes that a violation of this section has occurred may seek
          injunctive and declaratory relief in a court of competent jurisdiction, pursuant to§ 1-3-121.

          SECTION 2. This act takes effect upon becoming a I.aw, the public welfare requiring it.
         SENATE BILL NO. 376

PASSED:  April 10, 2025

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                         '              RANDY Mel
                                  SPEAKER OF THE SENATE

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                         CAMERON-s-EXTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

/Jrpr:; dlfl:l- APPROVED this  I        2025
         day of

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         BILL LEE, GOVERNOR
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