Schools, Home - As enacted, makes various changes to home school requirements. - Amends TCA Section 49-6-3050.
Companion bill has been assigned Public Chapter Number 499 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1468Date
    Comp. became Pub. Ch. 49906/21/2011
    Am. withdrawn.(Amendment 1 - SA0313)05/19/2011
    Comp. HB Subst (sends SB to dead bill file)05/19/2011
    Sponsor(s) Added.05/19/2011
    Placed on Senate Regular Calendar cal. for 5/19/201105/18/2011
    S. Reset on cal. for 5/19/201105/18/2011
    Placed on Senate Regular Calendar cal. for 5/18/201105/16/2011
    S. Reset on Cal. for 5/18/2011 05/09/2011
    Placed on Senate Regular Calendar cal. for 5/9/201105/06/2011
    S. Reset on cal. for 5/9/201105/05/2011
    Placed on Senate Regular Calendar cal. for 5/5/201105/03/2011
    Sponsor(s) Added.04/28/2011
    S. Reset on Cal. for 5/5/2011 04/28/2011
    Placed on Senate Regular Calendar cal. for 4/28/201104/26/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 004/20/2011
    Placed on S. Ed. Comm. cal. for 4/20/201104/13/2011
    Action Def. in S. Ed. Comm. to 4/20/201104/13/2011
    Placed on S. Ed. Comm. cal. for 4/13/201104/07/2011
    Action Def. in S. Ed. Comm. to 3/30/201103/23/2011
    Placed on S. Ed. Comm. cal. for 3/23/201103/16/2011
    P2C, ref. to S. Ed. Comm.02/24/2011
    Intro., P1C.02/23/2011
    Filed for intro.02/17/2011
    Actions For HB1631Date
    Pub. Ch. 499 06/21/2011
    Effective date(s) 07/01/1106/21/2011
    Signed by Governor.06/16/2011
    Transmitted to Governor for his action.06/06/2011
    Signed by S. Speaker05/25/2011
    Signed by H. Speaker05/24/2011
    Enrolled; ready for sig. of H. Speaker.05/24/2011
    Passed S., Ayes 25, Nays 705/19/2011
    S. Subst. HB for comp. SB.05/19/2011
    Rcvd. from H., P1C.05/16/2011
    Engrossed; ready for transmission to Sen.05/12/2011
    Sponsor(s) Added.05/12/2011
    Passed H., as am., Ayes 78, Nays 13 05/12/2011
    H. adopted am.(Amendment 1 of 0 - HA0393)05/12/2011
    H. Placed on Regular Calendar for 5/12/201105/05/2011
    Placed on cal. Calendar & Rules Committee for 5/5/201105/04/2011
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee05/03/2011
    Placed on cal. Education Committee for 5/3/201104/27/2011
    Rec. for pass. if am. by s/c ref. to Education Committee04/27/2011
    Placed on s/c cal Education Subcommittee for 4/27/201104/20/2011
    Action Def. in s/c Education Subcommittee to 4/27/201104/20/2011
    Placed on s/c cal Education Subcommittee for 4/20/201104/13/2011
    Re-referred To: Education Subcommittee04/12/2011
    Placed on cal. Education Committee for 4/12/201104/06/2011
    Action Def. in Education Committee to 4/12/201104/05/2011
    Placed on cal. Education Committee for 4/5/201103/30/2011
    P2C, ref. to Education Committee02/24/2011
    P1C.02/23/2011
    Intro.02/17/2011
    Filed for intro.02/17/2011
  • AmendmentsFiscal Memos
    SA0313Amendment 1-1 to SB1468Fiscal Memo for SA0313 (6753)  
    AmendmentsFiscal Memos
    HA0393Amendment 1-1 to HB1631Fiscal Memo for HA0393 (6753)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB1468

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill revises present law regarding home schools.

    Under present law, a home school is a school conducted by a parent or a legal guardian for their own children. In the case of special needs courses, such as laboratory sciences, vocational education, or special education, for example, premises approved by the local director of schools may be used. Public school facilities may be used by home school participants with the approval of the local director of schools.

    This bill removes the provision specifically authorizing the use of premises approved by the local director of schools for special needs courses. This bill specifies that public school facilities may be used by home school participants with the approval of the "principal of the school involved" instead of the "local director of schools." This bill specifies that such use of public school facilities would be at the expense of the party requesting the use.

    Under present law, home schools that teach K-12, where the parents are associated with an organization that conducts church-related schools that are supervised by the organization through the director of schools of the organization's department of education, and that administer standardized achievement tests at the same time the tests are given in their regular day schools, are exempt from present law regarding home schools. Notwithstanding this exemption, any such parent registered with the organization for conducting a home school who is seeking to conduct a home school must register children who would be in grades nine-12 with the LEA that the child would otherwise attend and must adhere to the same program of the Sanders Model of value-added assessment, or other standardized achievement testing in use in the LEA that the child would otherwise attend. If the child fails for two consecutive years to meet or surpass the average level of achievement in such assessment or testing, the child would be enrolled in the appropriate grade level of the LEA or private or church-related school. Parent-teachers registered with the organization for conducting a home school for children in grades nine-12 must possess at least a high school diploma or GED, and must have the grade nine-12 students administered an annual standardized achievement test or the Sanders Model of value-added assessment, whichever is in use in that LEA and is sanctioned by the state board of education.

    This bill replaces these provisions regarding parent-teachers associated with church-related schools to instead specify that home schools that teach K-12, where the parents are associated with and where students are enrolled with a church-related school, that are supervised by the church-related school's director and that administer or offer standardized achievement tests, are exempt from requirements regarding home schools. Parent-teachers, who register with an organization for conducting a home school for students in grades nine-12 must possess at least a high school diploma or GED. A parent-teacher may enroll such person's home school student grades K-12 in a church-related school and participate as a teacher in that church-related school. That parent-teacher would then be subject to the requirements established by that church-related school for home school teachers and exempt from the rest of the requirements of this bill.

    Under present law, a parent-teacher conducting a home school must comply with the following requirements:
    (1) Notice to the local director of schools 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. If notice is not given by August 1, but is given by September 1, it may be submitted upon payment by the parent of a penalty of $20.00 for each week or portion of a week by which notice is late. This penalty payment may not exceed $80.00 and must be charged per family regardless of the number of children attending the home school. The director of schools has the discretionary authority to waive the September 1 deadline for good and sufficient reasons;
    (2) Maintenance of attendance records, subject to inspection by the local director of schools, and submission of these records to the director of schools at the end of each school year;
    (3) Instruction for at least four 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 grades K-eight;
    (5) Administration by the commissioner of education or by a professional testing service that is approved by the LEA, to home school students of the same state board approved secure standardized tests required of public school students in grades five, seven, and nine, except that the test for grade nine may not be the high school proficiency test;
    (6) Consultation between the director of schools and the parent-teacher if the home school student falls three to six months behind the home school student's appropriate grade level, based on the test required in (5). If a home school student falls six to nine months behind the home school student's appropriate grade level in the home school student's reading, language arts, mathematics or science test scores the parent must consult with a licensed teacher having a certificate or endorsement in the grade level or course or subject matter in which consultation is sought. The parent and teacher must design a remedial course to help the child obtain the child's appropriate grade level. The parent must report the remedial course for the child to the local director of schools. If a home school student falls more than one year behind the home school student's appropriate grade level in the home school student's comprehensive test score for two consecutive tests 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 director of schools may require the parents to enroll the child in a public, private or church-related school;
    (7) Possession of at least a bachelor's degree by a parent-teacher conducting classes in grades nine-12. A parent-teacher may request an exemption from this requirement from the department on a year-to-year basis;
    (8) Notification in writing to the local director of schools by a parent-teacher conducting classes in grades nine-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;
    (9) Proof must be submitted to the local director of schools that the home school student has been vaccinated and has received any other health services or examinations as may be required by present law for children in this state;
    (10) Submission by the home school student entering public schools to an evaluation test; and
    (11) In the event of the illness of a parent-teacher, or the inadequacy of the parent-teacher to teach a specific subject, a tutor may be employed by the parent-teacher.

    This bill removes the requirements described above in (4) - (10). This bill requires a parent-teacher to possess a high school diploma or GED, but only if the parent-teacher conducts classes in grades nine-12. This bill revises (1) to require that the annual notice be provided to the local director of schools "prior to beginning to conduct a home school each school year" instead of "by August 1 before the commencement of each school year" and to remove the penalty provisions in (1) for failing to provide the notice. This bill also revises (1) to remove the requirement that the parent submit the proposed hours of instruction. This bill revises (2) to specify that inspection by the local director of schools of attendance records would be at such time and place as is suitable for the director and the parent. This bill revises (11) to specify that a tutor may be used "in the event of illness or at the discretion of the parent-teacher" instead of "in the event of illness or the inadequacy of the parent-teacher."

    ON MAY 12, 2011, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1631, AS AMENDED.

    AMENDMENT #1 makes various changes to the bill as described below.

    Under the bill, use of public school facilities by home school participants is at the expense of the party requesting the use. This amendment removes this provision.

    This amendment restores the present law provisions described in the above bill summary in (2), (5), (6), (9), and (10).

    Under the bill, a parent-teacher must possess a high school diploma or GED, but only if the parent-teacher conducts classes in grades nine-12. This amendment requires the parent-teacher to possess a high school diploma or GED to conduct any class in grades K-12.

    Under present law, an LEA that has responsibility under present law regarding attendance and home schools, due to the conduct of home schools within its jurisdiction, receives a state grant for accounting and record keeping expenses. The amount of this grant is set annually by the commissioner of education in an amount of up to $100 per home school student. This amendment removes these provisions regarding such grant.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    HB1631 by Dunn - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/12/2011
    Passed
              Ayes...............................................78
              Noes...............................................13

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Miller L, Montgomery, Niceley, Odom, Parkinson, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Tidwell, Tindell, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Williams K -- 78.
              Representatives voting no were: Brown, Cooper, Favors, Gilmore, Hardaway, Moore, Pitts, Richardson, Shaw, Stewart, Towns, Turner J, Turner M -- 13.

              HB1631 by Dunn - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 5/5/2011
              Voice Vote - Ayes Prevail Rep.(s) Naifeh requested to be recorded as voting No

              HB1631 by Dunn - HOUSE EDUCATION ADMINISTRATION & PLANNING COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 5/3/2011
              Voice Vote - Ayes Prevail Rep.(s) Naifeh, Pitts requested to be recorded as voting No

              HB1631 by Dunn - HOUSE EDUCATION ADMINISTRATION & PLANNING SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Education Committee 4/27/2011
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1631

    HB1631 by Dunn - FLOOR VOTE: THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................25
              Noes................................................7

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Gresham, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 25.
              Senators voting no were: Ford, Harper, Haynes, Henry, Herron, Marrero, Tate -- 7.

    SB1468 by Bell - SENATE EDUCATION COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/20/2011
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Berke, Burks, Crowe, Gresham, Kelsey, Summerville, Tate, Tracy, Woodson -- 9.