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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Grayed boxes indicate legislation that is no longer active or not expected to become active.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.

 

HB0153-SB1706

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.

 

HB1872-SB2008

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.

 

HB2795-SB3412

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. 

HB2887-SB30222

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.

HB2922-SB27577

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".

HB3019-SB3727

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.

HB3304-SB30355

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.

HB3413-SB3424

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.

HB3773-SB3832

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.

HB4036-SB3924

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.

HB2503/SB2543

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."

 

HB1652-SB1827

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.

 

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