New Law in effect as of July 1st 2011
http://www.capitol.tn.gov/Bills/107/Amend/HA0393.pdf
This act is now in effect, as of July 1st 2011 and will greatly reduce the government intrusiveness for TN families choosing to be independent home schools.
Notice that this is about "independent home schools." "Independent home schools" is also often called "state homeschooling" or "LEA Homeschooling" and is NOT what we do. So these changes are ONLY for "homeschoolers" with the state and NOT for "Private school teachers" appointed under church-related laws. HLA is a private school operating under church-related laws and not under the homeschool statute. So as you read the following remember that UNLESS you are registered with the state of TN then the following does NOT apply to you. However, this is still very good to know. We should always attempt to understand the laws.
The education requirements for teaching parents have also been relaxed. Testing requirements were put back in and are still required. HSLDA will post an amendment later in the year. In order to have less government involvement in your child's education, an umbrella school (church related school) is recommended.
HomeLife Academy is an umbrella school or church-related school.
None of the changes alter Option I testing requirements in Tennessee, so the following regarding standardized tests still applies. The original legislation proposed removal of this paragraph from the law regarding standardized tests, but as mentioned before, the requirement remains in the law.
The following paragraph was the paragraph that was attempted to be removed, but was put back in. This paragraph remains and testing in 5th, 7th, and 9th remains a requirement for all students whose parents register with the superintendent.
Standardized Tests: Option I: Grades 5, 7 and 9 must take a standardized test administered by the commissioner of education or someone designated by him or by a professional testing service approved by the local education agency. Tests administered by the Commissioner must be without charge. The parent may be present when the home school student is in grade 5. § 49-6-3050(b)(5)(A-B). If a home school child "falls six (6) to nine (9) months behind his appropriate grade level in his reading, language arts, mathematics or science test scores," the parent must "consult with a teacher licensed by the state. The parent and teacher shall design a remedial course." § 49-6-3050(b)(6)(B).
HB 1631 is good news for homeschool families in Tennessee. Dewitt Black, HSLDA Senior Counsel for Tennessee, has written the following summary of the changes HB 1631 makes to Tennessee's laws on home education:
· Whereas the old law defined a "home school" as a school conducted by parents or guardians for their own children, the new law expands the definition to a school "conducted or directed" by parents or guardians. This indicates the legislative intent that parents or guardians do not have to personally provide the instruction but may oversee instruction provided to their children by someone else.
· Parents who elect to homeschool in association with a church-related school are no longer required to register their children in grades 9-12 with the local education agency. Further, these children are no longer required to take state tests at these grade levels.
· An additional option for homeschooling is created by the new law for parents who enroll their children in a church-related school and "participate as a teacher in that church-related school." These parent-teachers are subject to the requirements established by the church-related school for homeschool teachers. No other requirements for homeschooling apply.
· Parents who elect to homeschool without any association with a church-related school must now provide notice to the local director of schools of their intent to do so "prior to each school year." Prior law established a deadline for giving the notice as August 1, but parents were permitted to give the notice as late as September 1 upon payment of a penalty of $20 per week. Further, under the old law, the local superintendent had the authority to waive the September 1 deadline. The new law makes no mention of any extension or waiver of the deadline.
· Parents homeschooling through the local education agency (not through a church-related school) are required to have a high school diploma or GED to teach all grade levels, not just K-8. The old law required parents teaching grades 9-12 to have a bachelor's degree or obtain an exemption of this requirement from the commissioner of education.
· Parents homeschooling through the local education agency are no longer required to notify the superintendent of whether a college preparatory or general course of education will be taught for students in grades 9-12. Further, parents are no longer required to submit to the superintendent a description of the courses to be taught in each year to meet this former requirement. (Parents homeschooling through the local education agency are still required to describe the proposed curriculum to be offered in the annual notice of intent to homeschool.)
· Regardless of which homeschooling option is chosen by parents, they may employ a tutor with the qualifications required of parents for particular grade levels to teach in their place. Prior law limited use of such tutors to parents homeschooling through the local education agency.
If you have any further questions about this bill, I would encourage you to attend Mr. Black's July 21 webinar on this topic. See http://hslda.org/athome/. In addition, please do not hesitate to contact me if you have any further questions or comments. Thank you for your membership. We appreciate the opportunity to serve you!
Blessings,
