If you're thinking about homeschooling your children in Tennessee, you're not alone. There are thousands of parents just like you who see the value in homeschooling. Whether it's having more flexibility in the content of your child's curriculum, concerns about your child's safety, or providing a more individualized learning experience, there are plenty of benefits of homeschooling over a traditional public or private school education.
Even with these benefits, the state of Tennessee regulates homeschool learning. Some of the legal requirements relate to student assessment, teacher qualifications, and notifications, just to name a few. Therefore, it's easy for parents new to homeschooling to find themselves dealing with administrative challenges when trying to homeschool their children.
The Education Law Team at the Lento Law Firm has extensive experience helping parents like you, whether you're dealing with your local education agency, designated homeschool coordinator, or the Tennessee Department of Education. Sometimes, your concerns may be minor and quickly resolved. Other times, they could potentially lead to legal issues. The problem is that you usually don't know what kind of problem you have until you've talked to an education law attorney. Don't wait until you're in legal trouble to contact us. You can call us at 888-535-3686 or send us a message online.
An Overview of Homeschooling in Tennessee
Like most other states, Tennessee requires children of a certain age to attend school. Specifically, children between the ages of six and 17 must attend some form of formal education, whether it be through a public or nonpublic educational institution.
Nonpublic schooling can include private schools, as well as home schools. Tennessee defines “home school” as “a school conducted or directed by a parent or parents or a legal guardian or guardians for their own children.” Based on this legal definition, there are two types of homeschooling options in Tennessee.
The first option is the independent home school. When most people think of homeschooling, they're probably thinking about this format, where a parent or legal guardian serves as the teacher for the child. There are three main requirements for independent homeschooling.
First, the parent-teacher must have at least a high school diploma or equivalent academic credential.
Second, before the start of each year, the parent or legal guardian must provide an Intent to Home School form to the school district where the family lives. Only legal guardians and parents may register their children for home-schooling. The parent-teachers proof of having the minimum education requirements is submitted along with the Intent to Home School form.
Third, independent home school students in grades five, seven, and nine must take TCAP assessment exams. These exams must be taken at the local public school the students would attend if not home-schooled. Alternatively, students can take these tests at a professional testing service location approved by the family's local school district. To help families comply with these and other requirements, every school district in Tennessee has a home school coordinator.
The second home school option is the church-related umbrella school (also known as a Category IV nonpublic school). These are accredited schools operated by parochial, denominational, or other recognized religious organizations. Parents and legal guardians may serve as teachers in these schools as long as they have at least a high school diploma or equivalent academic credential and teach under the supervision of the director of the school.
There are also accredited online schools (also known as Category III nonpublic schools) that allow parents to educate their children outside the nonpublic school system. However, accredited online schools don't technically meet the definition of a home school in Tennessee. As a result, an Intent to Home School form isn't required, although parents and legal guardians must submit proof of enrollment to their local school district if they want their children to attend an accredited online school.
Of these three home school types, the independent home school places the greatest burden and responsibility on the parents or legal guardians serving as teachers. This is because the parent is the teacher of record and is responsible for meeting the home school requirements. With accredited online schools and church-related umbrella schools, many of the education requirements, such as attendance, testing, and academic record keeping, are handled by the school. Because of this, many of the administrative and legal hurdles home-school parents face will arise in the independent home-school setting.
Independent Home School Attendance and Curriculum Requirements
Home-schooled students must receive at least four hours of instruction per day for 180 days of the calendar year. The parent-teacher is also responsible for maintaining attendance records and sending them to the director of schools for the school district where the child lives. These attendance records get sent at the end of the school year, although the director of schools may ask to review them at any time.
As for curriculum content, Tennessee law provides little guidance as to what the curriculum must include. Parent-teachers don't have to follow state curriculum mandates, although their children must meet the testing requirements for students in grades five, seven, and nine. These state-board-approved exams will cover subjects in math, science, social studies, reading, and language arts. Therefore, the home school curriculum will need to cover those areas.
The parent-teacher must also create and maintain grading records, as well as develop the necessary transcripts to document their child's academic performance and progress through independent homeschooling.
Extracurricular Options for TN Independent Home Schools
Students attending an independent home school may have access to some extracurricular activities offered by their local public school. Unfortunately, the type and amount of access are subject to the discretion of the school's principal or local education agency. A school's principal may (but isn't required) allow a home-schooled student to use a public school's facilities.
As for athletics, the local education agency must allow the student to participate in interscholastic athletic competitions under certain conditions. If these conditions aren't met, it's up to the local education agency to decide whether to allow the student to participate in the activity.
Home-schooled high school students wishing to participate in JROTC may enroll, as they have a legal right to participate under federal law.
Switching from Home School to Public School
Before entering the first grade in a public school, a student must first complete an approved kindergarten program. Independent homeschooling can serve as an approved kindergarten program, but only if the student is five years old on or before April 15 and is registered with their school district for independent homeschooling. Once enrolled in the public school, the student may need to take an assessment test to confirm their grade placement.
Older students interested in switching from independent home school to public school may do so. Just like with first-grade students, assessment tests may be required to confirm a student's academic level. High school students will be tested in each academic subject to confirm how many credits toward graduation they possess.
Low Test Scores
Independent home-schooled students must receive sufficient scores on the standardized tests they take during grades five, seven, and nine. If these scores are too low, such that the child is six to nine months behind their grade level, then the parent-teacher must submit a remedial course to the local superintendent. The parent-teacher must develop this course with the help of a Tennessee-certified teacher who has a certification or endorsement in the subject and grade level of the remedial course.
If the child is one year behind their grade on two consecutive tests, then the local superintendent may require the parent to enroll the student in a public or private school.
Special Education Services for TN Home School Students
Home-schooled students in Tennessee have the same special education rights as students in private schools. This means students with disabilities do not have the right to a free appropriate public education (FAPE) through an individual education program (IEP). Despite this, a home-schooled student with a recognized disability may be eligible for a “services plan,” where relevant services, like speech therapy, may be available. The local school district can determine what's provided in the services plan for a particular student.
Vaccination Requirements
Students attending an independent home school aren't required to provide proof of immunization. Keep in mind a church-related umbrella school may require proof of vaccination or the appropriate medical or religious immunization waiver.
Withdrawing from a Public School in Tennessee
A parent with a child in a public school may withdraw them at any time to enroll them in any of the three home school options recognized in Tennessee. This means the switch in schools can occur in the middle of a school year, although the parent should expect to provide proof of enrollment to the appropriate local school authority upon withdrawal.
Note that if the student is 18 years old and currently enrolled in a public or nonpublic school, they're not permitted to withdraw and enroll as an independent home school student.
Other Considerations for Attending Accredited Online Church-Related Umbrella Schools
As discussed above, many of the home school laws and requirements imposed on parents exist with independent home schools and don't exist with accredited online and church-related umbrella schools. Some of these requirement differences include:
- The Intent to Home School forms are only required of parents interested in enrolling their children in independent home schools.
- Church-related umbrella and accredited online schools handle student record-keeping and TCAP testing mandates. The local school district only assists in TCAP testing when the student is enrolled in an independent home school.
- Parent-teachers at independent home schools must provide student transcripts and diplomas, but these documents are provided by accredited online and church-related umbrella schools.
One of the similarities that independent home schools and church-related umbrella schools share is that parents may serve as teachers, but only if they meet the required education requirements, and parent-teachers at church-related umbrella schools do so under the supervision of the church school's director.
Another important thing to remember when considering an accredited online or church-related umbrella school is that it must be approved by the state. Generally, this means they have accreditation from the proper accrediting body. For accredited online schools, this may include:
- Cognia (formerly known as AdvancED and SACS)
- Middle States Association – Commission on Elementary and Secondary Schools
- New England Association of Schools and Colleges
- Western Association of Schools and Colleges
- Any accrediting body recognized by the International Council of Advancing Independent School Accreditation or the National Council of Private School Accreditation
For church-related umbrella schools, this can include:
- Tennessee Association of Christian Schools
- Tennessee Association of Independent Schools
- Tennessee Association of Non-Public Academic Schools
- Tennessee Association of Church-Related Schools
- Tennessee Alliance of Church-Related Schools
- Association of Christian Schools International
- Southern Association of Colleges and Schools
To know for sure if a Category III or IV school has state approval, you can check the TN Department of Education's Non-Public Schools List and list of accredited online schools.
Protect Your Home School Rights in Tennessee
If you have questions about meeting the independent home school requirements in Tennessee, you can get in touch with your designated home school coordinator. These individuals can provide important information and serve as an excellent resource for making the most of the homeschooling experience. They can answer questions and help you ensure you're staying on top of any changes to the home school legal requirements of the state.
Unfortunately, not all interactions with this home-school liaison work for parents. Disagreements about teaching philosophies and misunderstandings can occur, which can turn an otherwise cooperative relationship into an adversarial one. If this happens, the information you provide your designated home school coordinator can sometimes be used against you. This could lead to your child enrolling in a public or nonpublic school against your wishes. In other situations, the state might open a protective services case if you're accused of child abuse or neglect.
To prevent this from happening, you should contact the Lento Law Firm and our Education Law Team. Our attorneys understand the complexities and nuances of the Tennessee home school laws. We'll work to support your right to home-school your children and protect you and your children's rights. To get started, you can contact us online or by telephone at 888-535-3686.
