Tennessee Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library or on the Department
of Education website.
Compulsory attendance - Between 6 and 17
years of age.
Educational requirements for parents. (See below.)
Standardized testing required in some grades. (See below.)
Attendance records must be kept.
Four (4) hours a day of instruction for 180 days as district
or Church school requires.
Requirements
for Homeschools in Tennessee
Pursuant to Tenn. Code Ann. §49-6-3050, parents in Tennessee
may conduct a home school for their own children.
Current Status of the Law on
Church-Related Schools (Satellite) and Home Schools in Tennessee
(February 1999)
Parents also have the option of having their children attend
a church-related school. This is not home schooling, because
the church-related school is not being conducted by parents or
legal guardians for their own children. This school is being
operated by a denominational, parochial, or other bona fide church
organization as required by Section 49-50-801. Under this option
there is no need to comply with any of the home school provisions
of Section 49-6-3050.
Tennessee Home School
Statute (Effective June 13,1995)
Tennessee Code Annotated Section
49-6-3050. Home Schools.
(a)
(1)
A "home school" is a school conducted by parent(s)
or legal guardian(s) for their own children. In the case
of special needs courses, such as laboratory sciences, vocational
education, special education, etc., premises approved by the
local superintendent of education may be used. Public school
facilities may be used by home school participants with the approval
of the local superintendent, but this permissive authority shall
not be construed to confer any right upon such participants to
use public school facilities. If approved, such use shall be
in accordance with rules established by the local board of education.
(2)
(A) Home schools which teach kindergarten
(K) through grade twelve (12), where the parents are associated
with an organization that conducts church-related schools
as defined by Section 49-50-801, which are supervised by such
organization through the superintendent of such organization's
department of education, and which administer standardized achievement
tests at the same time such tests are given in their regular
day schools, are exempt from the provisions of this section.
(B) Parent-teachers registered with
such organization for conducting a home school for children in
grades nine (9) through twelve (12) shall possess at least a
high school diploma or GED, and shall have such grade nine (9)
through twelve (12) students administered an annual achievement
or the Sanders Model of value-added assessment, whichever
is in use in that LEA and is sanctioned by the state board of
education.
(C)
(i) Notwithstanding the provisions of
subdivision (a)(2)(A), any parent desiring to conduct a home
school covered by the provisions of this subdivision must register
children who would be in grades nine (9) through twelve (12)
with the local education agency which the child would otherwise
attend.
(ii) Any parent conducting a home school
for children in grades nine (9) through twelve (12) under this
subdivision (a)(2) must adhere to the same program of Sanders
Model of value-added assessment or other standardized achievement
testing in use in the local education agency which the child
would otherwise attend. If the child fails, for two (2) consecutive
years, to meet or surpass the average level of achievement in
the Sanders Model of value-added assessment or other standardized
achievement testing in use in the local education agency, the
child shall be enrolled in the appropriate grade level of the
local education agency or private or church-related school.
(b) A parent-teacher conducting a
home school must comply with the following requirements:
(1)
Notice to the local superintendent by August 1 before the
commencement of each school year of the parent-teacher's intent
to conduct a "home school" and, for the purpose
of reporting only, submit the name, number, age and grade level
of children involved, the location of the school, the curriculum
to be offered and the proposed hours of instruction and the qualifications
of the parent-teacher relative to subdivision (b)(4) or (b)(7).
Information contained in such reports may be used only for record
keeping and other purposes for which similar information on public
school students may be used in accordance with guidelines, rules
and regulations of the state board of education. If notice is
not given by August 1, but is given by September 1, it may be
submitted late upon payment by the parent of a penalty of twenty
dollars ($20.00) for each week or portion thereof by which notice
is late. This penalty payment shall not exceed $80 and shall
be charged per family regardless of the number of children attending
the home school. The superintendent shall have the discretionary
authority to waive the September 1 deadline for good and sufficient
reasons. The superintendent or the superintendent's designee
shall insure that attendance teachers are informed of parents'
rights to conduct a home school pursuant to T.C.A. 49-6-3001(c)(4),
49-6-3050(a), and 49-50-801 upon employment of such persons and
at the beginning of each school year;*
(2)
Maintenance of attendance records, subject to inspection
by the local superintendent, and submission of these records
to the superintendent at the end of each school year;
(3) Instruction for at least four (4) hours per day
for the same number of instructional days as are required by
state law for public schools;
(4)
Possession of a high school diploma or GED by the parent-teacher
conducting classes in kindergarten (K) through grade eight (8);
(5)
(A) Administration by the commissioner
of education, or the commissioner's designee, or by a professional
testing service which is approved by the local education agency,
to home school students of the same state board approved secure
standardized tests required of public school students
in grades five (5), seven (7) and nine (9); however, the test
for grade nine (9) shall not be the high school proficiency test
required by Section 49-6-6001;
(B)
(i) Tests administered by the commissioner
of education, or the commissioner's designee, shall be at the
same time tests are administered to public school students, and
shall be administered in the public school which the home school
student would otherwise be attending, or at whatever location
students at such school are tested. Tests administered by the
commissioner, or the commissioner's designee, shall be administered
without charge. The parent-teacher may be present when the home
school student is tested in grades two (2) and five (5). Both
parent-teacher and home school student shall be under the supervision
of the test administrator;
(ii) Tests administered by a professional
testing service shall be administered within thirty (30) days
of the date of the statewide test. Tests administered by a professional
testing service shall be administered at the expense of the
parent-teacher;
(iii) All test results from either
administrations by the commissioner, or the commissioner's designee,
or by a professional testing service shall be provided to
the parent-teacher, the superintendent and the state board
of education;
(6)
(A) Consultation between the superintendent
and the parent-teacher if the home school student falls three
(3) to six (6) months behind the home school student's appropriate
grade level, based on the test required in subdivision (b)(5);
(B) If a home school student falls
six (6) to nine (9) months behind the home school student's
appropriate grade level in the home school student's reading,
language arts, mathematics or science test scores or such of
these areas, regardless of the term used on the test, as are
actually tested for the student's grade level, based on the tests
required in subdivision (b)(5), the parent shall consult with
a teacher licensed by the state board of education and having
a certificate or endorsement in the grade level or course or
subject matter in which consultation is sought. The parent and
teacher shall design a remedial course to help the child obtain
the child's appropriate grade level. The parent shall report
the remedial course for the child to the local superintendent;
(C)
(i) If a home school student falls
more than one (1) year behind the home school student's appropriate
grade level in the home school student's comprehensive test score
for two (2) consecutive tests based upon the tests required in
subdivision (b)(5) and if the child is not learning disabled
in the opinion of a teacher licensed to teach at the child's
grade level, the local superintendent of schools may require
the parents to enroll the child in a public, private or church-related
school, in accordance with this part, and the parents shall have
all the requirements provided by law to respond to this requirement;
(ii) If a test indicates that a home
school student is one (1) year or more behind the home school
student's appropriate grade level, the same test shall be administered
to the child not more than one (1) year later, notwithstanding
the required testing schedule in (b)(5)(A);
(7)
Possession of at least a baccalaureate degree awarded
by a college or university accredited by an accrediting agency
or association recognized by the state board of education, by
a parent-teacher conducting classes in grades in nine (9) through
twelve (12). A parent-teacher may request an exemption
from this requirement from the department of education on a year-to-year
basis;
(8)
Notification in writing to the local superintendent by a parent-teacher
conducting classes in grades nine (9) through twelve (12) as
to whether a college preparatory or general course of education
will be taught to the home school student, and a description
of the courses to be taught in each year;
(A) If a college preparatory course
is to be given, it must include those areas of study required
for admission into public four-year colleges operated by the
state of Tennessee;
(B) If a general course is to
be given, it must include those course or areas of study required
by the state board of education for graduation from public high
schools;
(9)
Proof shall be submitted to the local superintendent that the
home school student has been vaccinated as required by
Section 49-6-5001, and has received any other health services
or examinations as may be required by law generally for children
in Tennessee;
(10)
Submission by the home school entering public schools
to the evaluation test provided for in Section 49-50-801, if
the local system requires such test, or the tests required by
the state board of education for transfer of students; and
(11)
In the event of the illness of a parent-teacher, or the
parent-teacher's inadequacy to teach a specific subject, a tutor,
having the same qualifications which would be required of a parent-teacher
teaching that grade level or course, may be employed by the parent-teacher.
(c) A local education agency which has responsibility
under this section on account of the conduct of home schools
within its jurisdiction shall receive a state grant for accounting
and record keeping expenses. The amount of this grant shall be
set annually by the commissioner in an amount not to exceed one
hundred dollars ($100) per home school student. The grant shall
not be included in, or considered a part of, the Tennessee foundation
program.
(d) The department of education shall provide annually
to home schools information about meningococcal disease and the
effectiveness of vaccination against meningococcal disease at
the beginning of every school year. This information shall include
the causes, symptoms, and the means by which meningococcal disease
is spread and the places where parents and guardians may obtain
additional information and vaccinations for their children. This
information may be provided electronically or on the department's
web site. Nothing in this section shall be construed to require
the department of education to provide or purchase vaccine against
meningococcal disease. [Section (d) added May 17, 2005 and included
in Public Chapter 177.]
Tennessee Church-Related Schools Statute
Tennessee Code Annotated Section
49-50-801.
Church-related Schools.
(a)
As used in this section, unless the context otherwise requires,
"church-related school" means a school operated
by denominational, parochial or other bona fide church organizations,
which are required to meet the standards of accreditation or
membership of the Tennessee Association of Christian Schools,
the Association of Christian Schools International, the Tennessee
Association of Independent Schools, the Southern Association
of Colleges and Schools, the Tennessee Association of Non-Public
Academic Schools, or a school affiliated with Accelerated Christian
Education, Inc.
(b)
The state board of education and local boards of education are
prohibited from regulating the selection of faculty or
textbooks or the establishment of a curriculum in church-related
schools.
(c) The
state board of education and local boards of education shall
not prohibit or impede the transfer of a student from a church-related
school to a public school of this state. Local boards may,
however, place students transferring from a church-related school
to a public school in a grade level based upon the student's
performance on a test administered by the board for that purpose.
In local school systems where the local board of education requires
tests for students transferring to that system from another public
school system, the same test shall be administered to students
transferring to such system from church-related schools. Church-related
schools shall be conducted for the same length of term as public
schools.
(d) Nothing
in this section shall be interpreted as prohibiting church-related
schools from voluntarily seeking approval by the state board
of education, nor prohibiting the state board of education from
extending such approval when it is voluntarily sought.
Tennessee's Compulsory
Attendance Statute
Tennessee Code Annotated Section
49-6-3001.
School age-Entrance-Attendance-Withdrawal.
(a)
The public schools shall be free to all persons above the age
of six (6) years, or who will become six (6) years of age on
or before September 30, residing within the state.
(b)
(1)
Any child residing within the state who is six (6) years of age
or who will become six (6) years of age on or before September
30 may enter at the beginning of the term the public school
designated by the local board of education having appropriate
jurisdiction; provided, that such child enters within thirty
(30) days after the opening day of the term.
(2)
Any child who will not become six (6) years of age until after
December 31 shall not enter school during that school year; provided,
that school systems having semiannual promotions may admit at
the beginning of any semester children who will become six (6)
years of age within sixty (60) days following the opening of
the semester.
(3)
Where a pupil meets the requirements of the state board of education
for transfer and/or admission purposes, as determined by the
commissioner of education, such pupil may be admitted by a local
board of education, notwithstanding any provision or act to the
contrary.
(c)
(1)
Every parent, guardian or other person residing within this state
having control or charge of any child or children between the
ages of seven (7) and seventeen (17) years, both inclusive,
shall cause such child or children to attend public or non-public
school, and in the event of failure to do so, shall be subject
to the penalties hereinafter provided.
(2) The
provisions of (c)(1) do not apply to any child who:
(A) Has received a diploma or other
certificate of graduation issued to the person from a secondary
high school of this state or any other state;
(B) Is enrolled and is making satisfactory
progress in a course leading to a general educational development
certificate (GED) from a state-approved institution or organization,
or has obtained such certificate. Any institution or organization
which enrolls a child who is under eighteen (18) years of age
shall provide a report to the local board of education at least
three (3) times each year relative to the progress of all such
persons under eighteen (18) years of age. If the local board
of education determines any child under eighteen (18) years of
age is not making satisfactory progress, then such child shall
be subject to the provisions of subdivision (c)(1); or
(C) A student enrolled in a home school
who has reached seventeen (17) years of age.
(3)
For the purposes of this part, public school and non-public school
are defined as follows:
(A) "Non-public school" means
a church related school, home school or private school;
(i) "Church related school"
means a school as defined in Section 49-50-801;
(ii) "Home school" means a
school as defined in Section 49-6-3050; and
(iii) "Private school" means
a school accredited by, or a member of, an organization or association
approved by the state board of education as an organization accrediting
or setting academic requirements in schools, or which has been
approved by the state, or is in the future approved by the commissioner
of education in accordance with rules promulgated by the state
board of education; and
(B) "Public school" means
any school operated by a local education agency or by the state
with public funds.
(4)
A parent or guardian with any good and substantial reason as
determined by such parent or other person having legal custody
of a child and agreed to by the respective local board of education,
may withdraw such parent or other person's child from a public
school; provided that within thirty (30) days the parent or person
having legal custody of the child places the child in a public
school designated by such local board of education, or in a non-public
school, as herein defined.
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