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.
( Links for TCA will take you to Lexis
Law Publishing, Legal resources/Tennessee. Follow the Search
instructions found at that site to find specific items cited on
this web page)
Home Schooling in Tennessee
Parents may home school their own children pursuant to Tenn. Code Ann. § 49-6-3050
by registering with their local education agency (LEA). Parents choosing
this educational option must meet specified educational requirements,
test the child and report attendance to the local education agency at the end
of the year.
By authority of the same statute, parents may also home school their own
children by affiliating with and registering with a church related school
defined by Tenn.
Code Ann. §49-50-801. If a parent is exercising
this educational option by home schooling a child who is in grade 9-12 they
must also register with the LEA they would otherwise be attending. For
parents exercising this option, with the exception of grades 9-12, the testing
requirements are determined by the church related school. Parents exercising
this option for children in grades 9-12 must also meet certain educational
requirements. Church-related schools must determine what recording-keeping
requirements are in place for these parents. However, church-related
schools must keep daily attendance reports which pursuant to Tenn.
Code Ann. §49-6-3007(d) shall be open to inspection at all reasonable times, to the director of schools
of the system in which the school is located or to the director of school’s
authorized representative.
There is an additional educational option allowing
parents to teach their children at home in Tennessee that
does not fall under the definition of “home school” in Tenn. Code
Ann. §49-6-3050. Sometimes, the phrase “home school” is
still used for this educational option and this causes confusion. This
educational option and its requirements and obligations for parents and
schools are described below for your information.
Additional Educational Option
Parents in Tennessee may enroll their children in a church-related
school, pursuant to Tennessee
Code Annotated § 49-50-801. Tenn.
Code Ann. § 49-50-801 and State
Board of Education Rule 0520-7-2-.05 govern the establishment and maintenance of church-related schools. Pursuant
to Tenn. Code Ann. §49-50-801, these schools must be operated by a
denominational, parochial or other bona fide church organization and the
organization must be accredited by one of the agencies listed in Tenn.
Code Ann. § 49-50-801(a). Alternatively, an organization not
accredited by one of those agencies may seek approval directly from the
State Board of Education as a Category IV school.
Tenn.
Code Ann. § 49-50-801(b) states that, “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.” The only regulations that church-related
schools must follow are listed in State
Board Rule 0520-7-2-.05(2). This
rule states that church-related schools must:
a. “Comply with all
rules and regulations and codes of the city, county, and state regarding
planning of new buildings, alterations and safety.”
b. “Comply with all
rules and regulations of the Tennessee Department of Health regarding construction,
maintenance and operation of the school plant.”
c. Observe “all fire
safety regulations and procedures promulgated by the Tennessee Fire Marshal’s
Office.
d. “Comply with the
requirement of TCA
49-6-5001 that each child in the school be vaccinated
against disease.”*
e. “Comply with the requirement of TCA
49-6-3007 that the names,
ages, and addresses of all pupils in attendance be reported to
the superintendent of the public school system in which the school
is located.
*Please
note that a child without proof of immunization may comply with Tenn.
Code Ann. Section 49-6-5001, by meeting one of the exceptions under
subsection (b) and /or (e) of the statute.
Because there is nothing in statute or rule that would prevent a denominational,
parochial or other bona fide church organization from hiring or appointing
parents to serve as teachers in their own homes as part of the school
that the organization operates, many church related schools do hire parents
to serve as teachers and establish schools in their own homes. This results
in many parents teaching their children and possibly other children in their
homes. Even though this is not defined in state law as a “home
school” and actually falls under the definition of a church-related
school operating at a home, many parents exercising this educational option
refer to this process as “home schooling.” However, each church-related
school - whether conducted in a church, school or home - must meet
the requirements of State
Board Rule 0520-7-2-.05(2) listed above.
Parents serving as teachers in a church-related school must follow the requirements
for all church-related schools including the duty to report only the names,
ages and addresses of all pupils in attendance to the LEA. Parents
teaching in such a capacity do not need to meet the educational requirements
of the home school law, Tenn. Code Ann. § 49-6-3050. Whereas,
parents merely affiliated with a church-related school but conducting a home
school for their own children by registering with a church-related school
pursuant to Tenn. Code Ann. §49-6-3050, are required to meet the educational
requirements of the home school law. Parents who are home schooling
pursuant to Tenn. Code Ann. §49-6-3050 must also ensure their children
satisfy the testing requirements and they must meet the stricter attendance
reporting requirements of that law.
Students attending church-related schools that do not meet the State Board
of Education requirements for church-related schools are not in compliance
with the compulsory school attendance law in Tennessee and must be considered
truant. The sole responsibility and authority for the enforcement of
the compulsory attendance laws is placed with the local board of education
and its designated employees and officers. Thus, when working
with associations, accrediting agencies and parents, attendance officers
should rely on Tenn.
Code Ann. § 49-50-801 and State
Board Rule 0520-7-2-.05 to determine whether a church-related school exists for purposes of enforcing
the compulsory attendance laws. They may also require the organization
operating the church-related school to provide assurance that they are meeting
the requirements of the statute and rule.
Frequently Asked Questions
If parents are members of one of the agencies listed in Tenn. Code
Ann. § 49-50-801, does that make their home a church-related school?
No. The school, even if conducted in a home, must be operated by a
bona fide religious organization and meet the requirements of State
Board Rule 0520-7-2-.05.
How are the statutes and regulations regarding church-related schools
enforced?
Statutes and regulations regarding church-related schools must be enforced
through truancy statutes. Local attendance officers may pursue truancy
actions against students attending schools that do not qualify as church-related
schools, or the requirements of any of the other approved categories of non-public
schools.
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