SB 266

Except as required for traffic emergencies, this bill prohibits a governmental entity, municipality, or county from displaying any flag other than the flag of the United States or the official state flag on a public courthouse, roadway, or sidewalk that is under its jurisdiction. A citizen of this state has standing to file a civil action against a governm e ntal entity to enforce this bill. The judge must award a citizen-plaintiff who prevails in the action the costs that the citizen reasonably incurred to bring the action, including reasonable attorneys' fees and expenses. PERMITTED FLAGS IN SCHOOLS Pres ent law requires the commissioner of education to prescribe regulations regarding the display of flags on public school buildings. This bill requires the commissioner to prescribe such regulations in accordance with this bill. An LEA or public charter s c hool must not exhibit or place anywhere students may see the object, nor permit any of its employees or agents to display, a flag other than the following on or in a public school:  The United States flag  The official Tennessee state flag  A flag that cannot be disturbed or altered pursuant to Tennessee heritage protection law  The POW/MIA flag  A flag that represents an Indian tribe  A flag that represents a city, county, metropolitan government, or other political subdivision of this state  A flag that represents any unit, branch, or other division of the armed forces, including an ROTC program  The current, official flag of a country or political subdivision thereof  A flag that represents a college or university  A flag that is displayed temporarily as part of a bona fide course curriculum  An official school flag  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 Th is 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 Tennessee Constitution and the First Amendment to the U.S. Constitution. A parent or guardian of a student wh o 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 such school in a chancery court to enforce this bill. However, the paren t or guardian must, prior to filing, provide written notice of the alleged violation to the school and allow the school 10 days to remedy a violation. POW/MIA FLAG Present law authorizes an individual or group to donate a POW/MIA flag to a county, munici pal, or state government for the display of the flag. The POW/MIA flag may be displayed by a county or municipal government at certain buildings on any day the United States flag is displayed, the courthouse or other building that serves as the main admi n istrative building of the county. This bill revises the provision to, instead, authorize a building that serves as the main administrative building of the county, as long as the building is not a courthouse. If the building that serves as the main admin i strative building of the county is a courthouse, the POW/MIA flag may be displayed at another building where county government offices are located.