Tennessee
Major Breakthrough for Home Educators
Up until this time, the state’s position has been that a parent teaching a child at home must comply with the home school law of Tennessee. But after a meeting on January 21 between home education representatives and officials of the Tennessee Department of Education, including Commissioner Jane Walters, the state officials placed their stamp of approval on a legal theory long advocated by Home School Legal Defense Association.
According to a February 18 memorandum to superintendents of schools from the Tennessee State Department of Education, parents may now comply with the Tennessee compulsory attendance law by having their children attend a church-related school as defined by Section 49-50-801 of Tennessee Code Annotated while the instruction is being provided in the home with the parent as the primary teacher.
Most parents who teach their children at home do so under the home school provisions of Section 49-6-3050. According to Section 49-6-3050, a home school is defined as a “school conducted by parent(s) or legal guardian(s) for their own children.” Home schools are divided into two categories under the law: (1) those associated with a church-related school and (2) those that are not. A home school associated with a church-related school is exempt from the requirements imposed on other home schools. However, students in grades nine through twelve in home schools associated with a church-related school must register with the local education agency (or LEA) and take standardized achievement tests used by the local school district and approved by the State Board of Education.
Parents also have the option of having their children “attend” a church-related school. The state does not consider this to be 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.
Here’s how the attendance option works: In order for children to attend a church-related school while being taught at home by their parents, the home will have to be designated as a classroom or extension of the church-related school. The parent will have to be considered a faculty member of the church-related school under the direct supervision of its administration.
Such an arrangement should have other characteristics which distinguish it from a home school merely associated with a church-related school, although there are no particular legal requirements as such. Following are examples of such characteristics which would likely be considered by the courts in scrutinizing this educational option:
- The parents should have the same accountability to those in authority at the church-related school as any other teachers at the main campus or location of the school.
- The curriculum and schedule of instruction should be approved by the church-related school.
- There should be centralized record keeping, attendance reporting, and academic evaluation.
- Organized activities of the church-related school such as field trips, sports, and band, as well as group instruction in such subjects as music and art are all factors which further indicate that this is not just a home school program.
Merely associating with a church-related school as described in Section 49-6-3050 as a home schooling option is insufficient. The relationship must be such that the school is being “operated by” a denominational, parochial, or bona fide church organization described in Section 49-50-801, not being “conducted by parents” as described in Section 49-6-3050. There is no requirement that the main campus or administrative office of the church-related school be located in the same city as the home where the extension program is being conducted.
Another important element of this approach is the fact that, under Section 49-50-801, the church-related school must meet the standards for accreditation by or membership in 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, the Tennessee Association of Church Related Schools, or a school affiliated with Accelerated Christian Education, Inc. If the church-related school is unable to meet these standards of accreditation or membership in the named associations, then the school is not a church-related school as defined in the statute.
Accordingly, parents who are contemplating this approach should first insure that the school will meet the accreditation or membership requirements of Section 49-50-801 in order to be defined as a church-related school. Either being accredited by or being a member of one of these associations is sufficient according to the language of this statute. Some of these associations may not have memberships but may only accredit schools.
In summary, children attending a church-related school through its satellite or extension program in their home and being taught by a parent who is a faculty member of the school are in compliance with Tennessee’s compulsory attendance law. In order for this to be recognized as a legitimate educational option, the characteristics of the relationship between the parents and the church-related school should indicate that the school is being operated by the religious organization, not by the parent. Since this is not a home school being “conducted by a parent,” there is no requirement to give notice to the local school district, to register students at any grade level, or to take any state tests.
Testing of Home School Students
Many parents of home school students received a February 1 memorandum from the Tennessee Department of Education describing the tests which the state intends to require of home school students during the 1998–99 school year. The memorandum states that the Tennessee Comprehensive Assessment Program (TCAP) test will be administered to students in grades five and seven if the students are not associated with a church-related school. This document also states that students in grade nine who are not associated with a church-related school and students in grades nine through twelve who are associated with a church-related school must take math tests in the areas of Pre-Algebra, Algebra I, Algebra II, Geometry, and Math for Technology I if they are enrolled in these courses.
Based upon the language of the home school statute, the legislative history, and constitutional considerations, it is HSLDA’s opinion that home school students do not have to take the end-of-course math tests described in the memorandum. The home school statute requires that tests administered to home school students be standardized achievement tests. None of the proposed end-of-course math tests is a standardized achievement test.
State law requires that home school students not associated with a church-related school must take the same standardized tests required of public school students in grades five, seven, and nine. The state intends to administer the TCAP test to these students in grades five and seven. Indications are that the TCAP test is a standardized achievement test which is properly required for students not associated with a church-related school.
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My Homeland, Tennessee
by
Nell Grayson Taylor
“. . . Beneath thy sunny bended skies, our childhood days were blessed . . .”
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