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2008 Legislation
105th Tennessee General Assembly
2007-2008
This page is an overview of what's happening. During eight years of
following legislation I've never known so there to be so many
homeschool related pieces of legislation. Several of these are
similar and reflect growing support in the legislature for
homeschoolers. Legislation includes leveling the playing field,
literally, in extracurricular activities, four separate House/Senate
bills to lower the unnecessary requirement that homeschoolers have
been homeschooled the two years prior to receiving lottery
scholarship money, testing raises its ugly head, an effort to keep
Fire Marshals from closing our tutorials and we're looking at
mandatory Pre-K, to include homeschoolers. I include the virtual
schools legislation because HSLDA has highlighted it in legislation
across the nation. They are very much against this educational
choice and I think homeschoolers need to seriously consider why we
should fight to limit the rights of other parents to educational
options and demand our own.
Please click on the bill number links for more detailed
information to include the language of the bills and legislative
contact information. Keep in mind that usually the
House version is moved along before the Senate version ever sees the
light of day and so we file and follow legislation at TnHomeEd by
the House number. The House Education Committee is much less
homeschool friendly and so while something may pass in the Senate,
the sticking point is usually the House Education Committee.
Comments are those of Kay Brooks, Founder of
TnHomeEd.com.
As the following legislation status changes a page at TnHomeEd
may be created for that particular legislation. If the bill numbers are
underlined it's a hyperlink to either another section at TnHomeEd and
much more information OR directly to the State of Tennessee's
Legislative website while we wait for movement. If it's not
underlined then there is no more additional information and what is
in the box is all for now.
Grayed boxes indicate legislation that is no longer active or not
expected to become active. Scroll down to find active legislation.
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Has been taken OFF NOTICE in the House and GEN SUBBED in the
Senate which means it's not scheduled for any action at this time and
likely dead for this General Assembly. There is a chance these changes
could be incorporated into a much larger lottery scholarship omnibus
bill. Interested parties should contact the bill sponsor for details.
Alive from last year (2007). It was recommended for
passage by the House Higher Education sub-committee but was
taken off notice and hasn't gone anywhere since.
Changes eligibility for HOPE scholarships to requiring
only 1 previous year of homeschooling from 2 and makes it
retroactive.
Fiscal note: Assumes 100 students would be eligible for
a total of a $380,000 impact on the lottery losings available.
Current reports indicate there is nearly half a billion dollars
lying around waiting for utilization.
*HB0153 by *McDaniel.
(SB1706 by *Herron.)
Lottery, Scholarships and Programs - Changes eligibility
for HOPE scholarship from requiring that students eligible as
home-schooled students be home schooled during the last two
years of high school to requiring only that such students be
home schooled the last year of high school. - Amends TCA Title
49, Chapter 4, Part 9.
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This bill has passed the Senate (with an
amendment) and is currently scheduled for the House
Education Committee on Monday 5/5/08.
Alive from last year (2007). Creates 'virtual'
schools. Homeschoolers should be very careful about limiting
the options of other parents to choose the educational delivery
system that may work best for their children. We need to be as
supportive of other parents in their search for what works for
their children as we would like them to be for us. What we can
do is ensure that the legislation is written so that confusion
about the actual legal status of these virtual students is made
absolutely clear and then educate the public about the benefits
of 'homeschooling'. School districts are certainly becoming
aware of the fact that they need to compete in the education
marketplace. I welcome the competition because the children will
benefit from having more options.
From
HSLDA: "This bill would enact the Virtual Public Schools
Act, which would create a public school option at home. HSLDA
does not consider this to be a good option for homeschoolers
because of the associated state control of such public programs.
Additionally, it appears that the local school district or
charter school would get full funding from the state for each
student, even though the student did not attend the regular
school."
*HB1872 by *Hawk.
(SB2008 by *Southerland.)
Education - Enacts the virtual public schools act to
provide certain educational resources and opportunities to
students via the Internet in a virtual or remote setting. -
Amends TCA Title 49.
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DEFEATED!
Testing for all, public, non-public and homeschoolers.
I consider this a near complete loss of freedom to educate our
children. Those who set the test dictate the curriculum. "Sure,
you can homeschool your children but they must learn XYZ at this
time." We're not alone in this battle. Non-public schools will
be very concerned also. While it's clear they want us to submit
to their tests I don't see them handing out LEA diploma's in
return.
Several years back
Rep. Mike Turner (D-Nashville) attempted to have us submit
to testing. Here's the link to
HB2163-SB2157.
From
HSLDA: "This bill would subject non-public school students,
including homeschool students, to additional state testing. It
would require them to take subject matter tests based upon
state-approved textbooks. It would also require them to pass the
Tennessee comprehensive assessment program tests before
receiving a high school diploma. These new testing requirements
would also apply to students being taught at home through
extension or satellite programs of church-related schools."
*HB2795 by *Hardaway.
(SB3412 by *Tate.)
Education - Extends public school testing requirements to
students in non-public schools. - Amends TCA Title 49, Chapter
1, Part 6; Section 49-6-3050 and Title 49, Chapter 6, Part 60.
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This
legislation has been taken OFF NOTICE in the House and has been
referred to a committee in the Senate. Likely changes the the
lottery scholarships will be rolled into one larger omnibus
bill. Interested parties should contact the bill sponsor for
more information.
Reduces homeschooler qualifications for the lottery
scholarship from 2 years of homeschooling previously to 1
year AND makes it retroactive. With nearly $500 million
currently in the lottery fund reserve and with a previous fiscal
note from last year's legislation that indicates this would only
take $380,000 of those funds opposition seems miserly and
discriminatory. These students are still citizens and they're
education choice and timing shouldn't be a bar to receiving
these funds. The qualification for receiving the funds ought to
be acceptance to a qualified university, college or trade school
alone.
*HB2887 by *Coleman.
(SB3022 by *Tracy.)
Lottery, Scholarships and Programs - Changes Tennessee
HOPE scholarship eligibility requirement for home schooled
students from being home schooled at least the last two years of
high school to being home schooled at least the last year of
high school; permits retroactive award of scholarship for
academic year 2007-2008 to home schooled students who would have
qualified in that academic year, if the one-year requirement had
been in place. - Amends TCA Title 49, Chapter 4, Part 9.
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This legislation has
been taken OFF NOTICE in the House and has been referred to a
committee in the Senate. Likely changes the the lottery
scholarships will be rolled into one larger omnibus bill.
Interested parties should contact the bill sponsor for more
information.
Removes the 2 years of homeschooling prior to application
for a lottery scholarship. See my comments below under
HB3304/SB3050 below and left.
HB2922 by *Maggart.
(*SB2757 by *Black.)
Schools, Home - Changes definition of "home school
student" by removing requirement that students be home schooled
for two years prior to high school graduation. - Amends TCA
Title 49, Chapter 4, Part 9.
Portion of the legislation's text: "Section 1. TCA, §
49-4-902(20), is amended by deleting the language "For two (2)
years immediately preceding completion of high school as a home
school student, such" and substituting instead the word "The". |
FAILED.
This bill failed to make it out of the House
Calendars and Rules Committee and is dead. See
HB3019-SB3727 for details.
I strongly suggest that tutorial and
cooperative directors provide the bill sponsor,
Rep. Stacey Campfield (R-Knoxville)
with any concerns and certainly
first person testimony of issues with fire marshal and codes officials.
See
HB3019-SB3727 for more details.
Efforts by fire marshals to close homeschool cooperatives,
tutorials and support groups by utilization of their
interpretation of education and occupancy codes has been
cropping up over and over the last two years.
I'll put together a page of information on the meeting held
last year for background information for this legislation.
*HB3019 by *Campfield.
(SB3727 by *Bunch.)
Codes - Prohibits buildings in which educational
activities are conducted from being treated as schools for fire
safety and building code inspection purposes, when the primary
purpose of such facilities is not for educational activities. -
Amends TCA Title 68.
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This legislation has
been taken OFF NOTICE in the House and has been referred to a committee
in the Senate. Likely changes the the lottery scholarships will be
rolled into one larger omnibus bill. Interested parties should contact
the bill sponsor for more information.
This is another effort to reduce the qualifications for
homeschoolers from 2 years just previously homeschooled to 1.
With nearly $500 million currently in the lottery fund reserve
and with a previous fiscal note from last year's legislation
that indicates this would only take $380,000 of those funds
opposition seems miserly and discriminatory. These students are
still citizens and they're education choice and timing shouldn't
be a bar to receiving these funds. The qualification for
receiving the funds ought to be acceptance to a qualified
university, college or trade school alone.
HB3304 by *Lynn.
(*SB3035 by *Beavers.)
Lottery, Scholarships and Programs - Changes HOPE
scholarship eligibility requirement that requires home schooled
students to be home schooled for the last two years of high
school to permit students home schooled for only the last year
of high school to be eligible. - Amends TCA Title 49, Chapter 4,
Part 9.
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Has been taken OFF NOTICE in the
House and GEN SUBBED in the Senate which means it's not
scheduled for any action at this time and likely dead for the
year.
Allows homeschooler participation in extracurricular
athletic activities and prohibits the team's exemption from
competitions as a result of a homeschooler being on the team.
I've an email in to both sponsors asking about the 'academic
standards' portion of this legislation. I've been told that the
Senate version will move forward first. This makes sense as the
Senate is more homeschool friendly and a win there can be
leveraged in the House to our advantage.
HB3413 by *Harwell.
(*SB3424 by *Burchett.)
Schools, Home - Authorizes home schooled students to
participate in extracurricular athletic activities of public
school in which they are eligible to attend. - Amends TCA Title
49, Chapter 6, Part 30.
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This legislation was referred to
House and Senate Committees but hasn't had activity since it was
taken OFF NOTICE on 4/8/08.
Creates 'virtual' schools. Homeschoolers should be very
careful about limiting the options of other parents to choose the
educational delivery system that may work best for their children.
We need to be as supportive of other parents in their search for
what works for their children as we would like them to be for us.
What we can do is ensure that the legislation is written so that
confusion about the actual legal status of these virtual students is
made absolutely clear and then educate the public about the benefits
of 'homeschooling'. School districts are certainly becoming aware of
the fact that they need to compete in the education marketplace. I
welcome the competition because the children will benefit from
having more options.
Please note the bill House Sponsor
Rep. Mark Maddox (D-Dresden) also sponsored
additional regulation for
homeschoolers in 2001. Additionally, Rep. Maddox is a
"technology coordinator" employed by his Weakly County School
District.
From
HSLDA: "These at-home public school programs pose a
threat to homeschooling because families choosing this option
lose the freedom from state control of their children’s
education. School districts entice homeschooling families into
the virtual school with promises of benefits, but the families
also get state control of their homeschool, while the school
district gets state funds for each child’s enrollment."
HB3773 by *Maddox, *Hawk.
(*SB3832 by *Southerland.)
Education, State Board of - Confers on the board the power to
authorize virtual schools and adopt guidelines for LEAs to implement
virtual school technology. - Amends TCA Title 49, Chapter 1; Title
49, Chapter 13 and Title 49, Chapter 6.
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4/1/08 This bill was taken OFF
NOTICE and GEN SUBBED in the House and Senate respectively. This
usually means it's dead for the session.
The
fiscal note
for this legislation will be HUGE and the lottery
losings won't cover it all so money from the general funds will have
to be expended. This is likely a big problem in this tight budget
year.
This bill essentially lowers the
compulsory attendance age to 4 and does include
homeschooling families. There is a lot to argue about in this
legislation. The effectiveness of Pre-K, whether it should be
available free to only those 'at risk' or to all and why
homeschoolers should be subject to this at all among them. I
suggest the public school has enough on its plate and this huge
inclusion of children so young without solid evidence of there
being a legitimate need should be demanded.
HB4036 by *Buck.
(*SB3924 by *Roller.)
Education - Requires LEAs to provide mandatory
pre-kindergarten for all four-year-old students. - Amends TCA
Title 4, Chapter 51 and Title 49.
Legislative Summary:
Partial Text of Legislation:
Section 3(a): Except for children enrolled in a private
pre-kindergarten program or a home school pre-kindergarten program
for which the home school meets the requirements of §49-6-3050, each
LEA shall provide for enrollment in a pre-kindergarten program,
either a pilot pre-kindergarten program or a program under §§
49-6-103--49-6-110m if all children residing in the geographic area
served by the LEA who are four (4) years of age by September 30 and
who are not enrolled or have not attended kindergarten.
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This bill has
passed in the Senate but there has been no movement in the
House since 1/30/08. Likely it's dead for this session. Exempts
from sales and use tax materials bundled by the publisher with
exempt textbooks and workbooks, when the textbook or workbook
cannot be purchased separately from the bundled package.
This from TnHEA.org's website.
I've requested details from them and will publish them as soon
as I get them.
"This morning, Tuesday,
February 12th, at the request of state Senator Rusty Crowe of NE
TN, Claiborne Thornton, President of THEA, testified before a
sales tax sub-committee of our state Senate's Finance, Ways &
Means Committee about granting tax-exempt status for certain
educational materials for home schoolers.
Claiborne also participated in
meetings on this topic in '07 "with the Commissioner of Revenue
at the request of Representatives Mike Bell and Delores Gresham
as this issue was being examined from the House side of our
state legislature."
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This
bill has passed through the House Education Committee and is
awaiting a hearing in the House Calendar and Rules Committee
before it can be on
its way to a full House vote. It still must pass through the
Senate.
See HB1652-SB1827 for current
details.
This bill has been amended to bring relief to people who have
been issued Category IV diplomas as 'homeschoolers' but have
very recently been told that the DOE has determined their
diplomas are 'worthless' and have been denied jobs as a result.
Rep. Mike Bell (R-Riceville) and Rep. Dennis Ferguson
(D-Harriman) used a correctly captioned bill of Bell's previously filed to attempt to force State departments to
recognize diplomas that have been sufficient for state purposes
as well as those of schools and other entities across the nation
for nearly two decades. |
This page last updated on
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