Incident reports

Incident Page

This information is not intended to alarm or panic. It is not intended to be mean or libelous toward the officials who have erred. It is intended to enable you to have a clearer understanding of what is going on in our state. This information can be used in deciding where to locate, if HSLDA membership or legal insurance is prudent, and the like. In having this information I believe we are better citizens, parents and wiser consumers.It also lets officials know that we're watching and remember.

If you can provide substantiating evidence (news reports, original documents, first person accounts) that would great. I'll upload the information to this page so that we can all have a better understanding of what's going on in our state. I'd also gladly hear good reports regarding counties. We'll reward them with a smiley face at their listing.

These incidents are listed alphabetically by county name in which the incident occurred.

Anderson
Bedford
Benton

Bledsoe
January 22, 2002: HSLDA reports that they have assisted member families in 9 counties which were "insisting that their [the family's] high school students be registered at the public school. All of the children of these families are enrolled in church-school extension programs, not home schools."

Per the Jeter Memorandum these students are not required to be reported as the DOE considers them "privately schooled" even if we still consider it homeschooling. The nine counties are: Bledsoe, Jackson, Lincoln, McMinn, Obion, Robertson, Roane, Sevier and Washington.
For more info: http://www.hslda.org/courtreport/V18N1/V18N1TN.asp

Blount
Bradley
Campbell

Cannon
October 2005: HSLDA reports that extra information and proof are being required by this school district.

The notice stated that all homeschooling parents had to provide the school director with proof of legal custody or guardianship by a copy of the child’s birth certificate or court order, and a copy of the parents’ high school diploma or baccalaureate degree. There is no requirement in state law that homeschooling parents provide any proof of custody or guardianship of their children or provide any documentation relating to the extent of the parents’ education. http://hslda.org/hs/state/tn/200510130.asp

In the Spring of 2005 the DOE began to push the school districts for complete files on homeschoolers. As a result several districts have requested information and proofs not required by the homeschooling code. It's important that parents read and understand the rules in our state as it's obvious that not every school district employee interacting with homeschooling has been properly trained.

Carroll
Carter

Cheatham
July 2, 2001: HSLDA reports that the Cheatham County Board of Education wrote one of their members "requesting that they submit a notice of intent. In response, HSLDA explained to the board that home schoolers who are enrolled in and attending a satellite of a church-related school are not required to provide "registration" of any sort to their local school district." See: http://www.hslda.com/docs/news/hslda/200107022.asp

Chester
Claiborne
Clay
Cocke
Coffee
Crockett
Cumberland

Davidson
Spring 2005: MNPS has created their own Intent to Homeschool Forms that ask for information over and above the legal requirements. You are not obligated to use their forms or the state's forms for that matter. Read details at http://TnHomeEd.com/MNPSForms.htm.

March 2005: Lendozia Edwards, MNPS Vice Principal at Nashville School of the Arts, later Principal at Martin Luther King Magnet, and TSU doctoral student, begins to solicit the homeschool community for their participation in her doctoral thesis on homeschooling. She wrote me asking for my membership list--which I declined to provide.

"My research is focused on the reasons parents chooseto [sic] home school their children, demographic and personal information about home school families, support families are receiving from local school districts (if any), and Benefits/disadvantages of home schooling." e-mail to Kay Brooks on 3/29/05

Her survey form was forwarded to local homeschoolers via an MTHEA e-list on 8/3/05. On 9/27/05 members of the Eclectic Homeschooler's list begin to question Ms. Edwards process and honesty:

"Funny thing is, the intro letter thanks me for taking the time to assist in her study and I have absolutely no recollection of agreeing to do this. Don’t have any idea where she got my name and address. What about you? Are you asking the same questions?"

Calls are made to both MNPS and the TN DOE and both deny that Ms. Edwards got homeschooler contact information from them. Googling by one EHSMT member brought up RATIONALES OF PARENTS’ OPERATING HOME SCHOOLS IN DAVIDSON COUNTY, TN. That document states:

The volunteer sample will be selected from the Tennessee State Department of Education’s annual report on nonpublic schools which identifies home schools by county with contact information based on data supplied by home-school parents. All the contact people listed in the home school report in Davidson County will be contacted and asked if they wish to participate in this study.

Subsequent posts by other members of the EHSMT list testify that Ms. Edwards said that naming Tn DOE as a source was 'an oversight and incorrect", that she got names while attending a curriculum fair (not possible for some or others who had moved since then but Ms. Edwards was using their current address) and that her original attempt was scrapped for lack of consent forms. I can confirm that I received her original request for help on 3/29/05 and a new request on 2/16/06 where she describes herself only as a "doctoral student in Department of Education ".

So concerned was one parent that he spoke publicly to the MNPS School Board on 12/13/05 and asked them to investigate how Ms. Edwards obtained this private information and further, alleging that her actions were a conflict of interest, a breach of privacy laws and calls for her to be sanctioned.

Decatur
DeKalb

Dickson
Fall of 2003 reports suggest that while school personnel are a bit misinformed withdrawing and homeschooling in Dickson County is not difficult.

Dyer
Fayette
Fentress
Franklin
Gibson

Giles:

September 7, 2006: HSLDA is reporting that a family in Giles County had the status of their children questioned. The incident seems to have been initiated as a result of their having an adopted child.

"After the church-related school faxed proof of the children’s enrollment to the attendance officer, HSLDA Senior Counsel Dewitt Black faxed a letter to both the social worker and attendance officer asserting that the family was in compliance with Tennessee’s compulsory attendance requirements. Black also followed up with a call to the attendance officer who stated that he considered the case closed."

August 1999: A county truancy officer insisted that a homeschooling family report their child to the school district despite the fact it wasn't required by law as the child was in the sixth grade and registered with a CRS. HSLDA sent a letter apparently ending the situation. See: http://www.hslda.org/courtreport/v15n6/v15n6tn.asp

Grainger
Greene
Grundy
Hamblen
Hamilton:
January 11, 2007: From HSLDA

After moving to Hamilton County in September, a Home School Legal Defense Association member who filed under Tennessee’s homeschool statute was told that her notice of intent was being rejected because she hadn’t filed it by August 1, 2006. (snip)

n a letter dated October 13, 1989, to legal counsel for the State Department of Education, Deputy Attorney General Michael W. Catalano made reference to the order issued by the court in the case of Mabley v. Smith, which held that the August 1 deadline set forth in Section 49-6-3050(b) of Tennessee Code Annotated “does not apply to parents teaching their children in a home school outside of the State of Tennessee who move into the State of Tennessee after August 1, 1989 and wish to teach their children home school in Tennessee.” Thereafter, in the case of Crites v. Smith, the Court of Appeals of Tennessee made reference to memoranda issued to all superintendents of education in Tennessee by the Commissioner of Education stating that: “The August 1 deadline will no longer apply to parents who were conducting home schools in another state and who move into Tennessee after August 1 in which to conduct a home school in Tennessee.” A department of education document created in June of 1996 also states that the August 1 and September 1 deadlines do not apply to homeschooling families who move into the state during the school year.

June 5, 2006: From HSLDA:

"Despite completing the form developed by the Tennessee Department of Education for notifying the local education agency of the parents’ decision to conduct a home school, the local school district insisted that additional information be submitted. Specifically, the public school officials wanted verification of a school entry physical examination, the child’s birth certificate, and Social Security card.(snip) [HSLDA attorney Dee] Black also reminded the director of schools that students in a home school are not public school students and, therefore, are not subject to policies and procedures applicable to students enrolled in the local education agency. After this intervention by HSLDA, the family received no further requests for the additional information."

Hancock

Hardeman:
August 2000: A Hardeman county mother, Teresa Horn, is arrested for violating the compulsory attendance law even though her child was below the legal age for requiring attendance. Truancy Supervisor Charles Brown admitted knowing that the child was under age but would not be persuaded to just cite this mother instead. HSLDA took up the case pro bono and charges were dropped. A civil rights lawsuit was filed against Mr. Brown in the US District Court at Jackson, Tennessee on 3/1/01. As of 10/9/01 the trial date was changed to 5/21/02. http://www.hslda.org/legal/state/tn/2000824Horn/default.asp http://www.hslda.org/courtreport/v16n5/v16n508.asp

Hardin:
I have personal correspondence with folks wanting to remain anonymous, of the oppressive conditions in this county regarding homeschooling in the year 2000. Families have been told they must have their curriculum approved, that they must register with the LEA, requiring TCAPS every year, and compounding the problem by advertising in local papers these incorrect requirements.

Hawkins
Haywood
Henderson
Henry
Hickman
Houston
Humphreys

Jackson
January 22, 2002: HSLDA reports that they have assisted member families in 9 counties which were "insisting that their [the family's] high school students be registered at the public school. All of the children of these families are enrolled in church-school extension programs, not home schools."

Jefferson: [The two cases below are suspiciously similar. I'll try and verify if these are actually two separate incidents. The second link is currently not working at HSLDA and the search feature doesn't pull up anything for the B's in Tennessee or Orkin Tennessee or special needs Tennessee.]

July 30, 2001: Mr. & Mrs. G, who've adopted special needs children, one of who was assisted by an adult to leave and find her birth mother as a result CPS got involved. They've been cleared of abuse charges but the child's guardian ad litem, and CPS, insisted on PS not HS. The the therapist disagreed. Awaiting the judge's ruling. See: http://www.hslda.org/legal/state/tn/20010730MakalaG/default.asp

April 2001: An Orkin pest control inspector made a report of neglect on Mr. & Mrs. B to Child Protective Services. The three adopted special needs children were removed from the home. The two younger were returned after a hearing. These children were being homeschooled. HSLDA stepped in to assist. Still pending as of 5/2/01 See: http://www.hslda.org/legal/state/tn/2000104ChildServicesvB/default.asp

Johnson

Knox:
Spring of 2000: Knox County begins to require copies of diplomas, either high school or college to substantiate that parents meet the educational requirements. The law doesn't specifically mandate this documentation. (Personal correspondence.)

January 2000: Knox County Superintendent refuses to waive the deadline for registering as independent homeschoolers for a Jewish family who, understandably, cannot sign a Christian Statement of Faith many of the Church Related Schools require. (Personal correspondence.)

Summer of 1999: Knox County's homeschool coordinator insists "end-of-course" tests be taken by homeschoolers. It's the opinion of HSLDA that these are not required as these tests are not "standardized" which the law requires. See: http://www.hslda.org/courtreport/v15n4/v15n4tn.asp

Lake

Lauderdale:
June 1998: The Federal Government provided education funding which the State government allowed to be used for truancy purposes. The Lauderdale County system started sending out letters telling homeschooler that they were to register with the county, despite the fact they had already registered with a Church Related School (Gateway Schools).

Judge Rachel J. Anthony issued a statement saying Gateway was required to submit attendance records to the Local Education Agency. Mr. & Mrs. Odell Kirkpatrick, refused to give Gateway, who wasn't going to send the information without parental permission, permission. On Stept. 11, 1998 Attendance Supervisor Kim Coffee had the Kirkpatricks arrested for contributing to the truancy of their son. The charges were dropped four days later.

On Nov. 19, 1998, Lauderdale County Superintendent of Schools Bobby Webb sent a letter to parents with students in grades 9 through 12 who were registered in the Gateway school system. In it, parents were told they had five days to present a copy of their high school records to the public school system, and any failure to do so would result in having their children reported as truant.

See: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=15121

Letters were sent to homeschoolers in Lauderdale County from the County Truancy Board, on Probate and Juvenile Court stationary. They were informed that they must appear before the board and "sign a form enrolling the student in the public school system in addition to Gateway enrollment, or else face the judge. Each was told that all the other parents had already signed. Many of the parents completed the form, but before signing it, received courage from the Lord, and chose instead to face the judge." (Gateway Christian Schools Parent-Teacher letter of June 18, 1999)

The result of this was the writing of the Jeter Memorandum .

Gateway Schools Dr. Leo Crofford reported earlier this year (2001) that their relationship with the Lauderdale County School system is much improved and quite amicable.

Lawrence
Lewis

Lincoln
January 22, 02: HSLDA reports that they have assisted member families in 9 counties which were "insisting that their [the family's] high school students be registered at the public school. All of the children of these families are enrolled in church-school extension programs, not home schools."

Loudon
Macon

Madison
According to a Fall of 2003 report Supervisor of Attendance, Mr. Ron Canter, is giving out "wonderfully correct" information and being helpful to his homeschooling neighbors. This is great news and very much appreciated.

Marion

Marshall

October 2005: It's being reported that Marshall County is erroneously requesting that all homeschoolers register with them. IF you are registered with a church-related school please call your CRS BEFORE you fill in an return any of the thick information packet Marshall County has mailed out to families. There are a few church-related schools that do report their high schoolers to the local LEA but the majority of homeschoolers registered with a church-related school are not required to report to the local school district. Check with your CRS for your status and let them deal with the school district. Part of that packet also deals with finding special needs children and opting out of LEA services. This is similar to what was done in Sevier County in 2002.

August 2005: Marshall County is sending out large information packets containing several pieces that are causing concern. Quoting from the cover letter:

"The school system is required by state law to account for the education of all the children who reside in Marshall County whether they attend public school or not. Registering with the school system helps us to protect you and your children if problems arise. The school system does not receive funding for home schooled students and that is not the reason that you are required to register."

Also enclosed were documents for registering with the LEA along with a document to decline special education services very similar to the Sevier County attempt to find special needs children in 2002.

Information is still coming in and will be posted to the TnHomeEd list and this page.

Maury:
February 8, 2000 Sharon Miller received juvenile court petitions concerning her teen children's' absences from Central High school. The school system swore out a warrant for for Ms. Miller's arrest. Christie Lentz, the director of the Maury county Board of Education said "the petitions and warrant were processed before the school system got documentation the children were being home-schooled. She says they've now been withdrawn..." Sharon Miller received juvenile court petitions concerning her teen children's' absences from Central High school. The school system swore out a warrant for for Ms. Miller's arrest. Christie Lentz, the director of the Maury county Board of Education said "the petitions and warrant were processed before the school system got documentation the children were being home-schooled. She says they've now been withdrawn..."
See: http://www.freerepublic.com/forum/a38a19c3a399b.htm , or http://www.stacks.msnbc.com/local/wsmv/25601.asp (This would be Nashville's Channel 4 television station.)

McMinn
January 22, 02: HSLDA reports that they have assisted member families in 9 counties which were "insisting that their [the family's] high school students be registered at the public school. All of the children of these families are enrolled in church-school extension programs, not home schools."

McNairy:
I have personal correspondence from people wanting to remain anonymous that this county incorrectly required ALL homeschoolers to register with this county during the year 2000.

Meigs
Monroe
Montgomery
Moore
Morgan

Obion

January 22, 2002: HSLDA reports that they have assisted member families in 9 counties which were "insisting that their [the family's] high school students be registered at the public school. All of the children of these families are enrolled in church-school extension programs, not home schools."

Overton
Perry
Pickett
Polk
Putnam
Rhea

Roane
September 7, 2006: Has overextended its authority and has sent a memo to "parents of Home School Students" telling them that they must provide progress reports that follow that systems 9 week reporting schedule. Here is a .pdf of the memo. They also tell parents they 'should include the number of contact hours of schooling that occurred during each nine-week period, a list of subjects taught, and grades assigned for each subject." (emphasis theirs) The term 'contact hours' is new and certainly not included in the homeschooling code. The code also doesn't require parents to indicate what subjects are being taught or provide grades. Ominously, the letter concludes by saying (again emphasis theirs) "Failure to properly comply with this procedure can result in court petitions for truancy."

HSLDA posts similar information on 11/11/2006.

January 22, 02: HSLDA reports that they have assisted member families in 9 counties which were "insisting that their [the family's] high school students be registered at the public school. All of the children of these families are enrolled in church-school extension programs, not home schools."

Robertson:
January 22, 02: HSLDA reports that they have assisted member families in 9 counties which were "insisting that their [the family's] high school students be registered at the public school. All of the children of these families are enrolled in church-school extension programs, not home schools."

Icon Robertson County Form
Click for larger view

September 2001: Robertson County Schools begin requesting homeschoolers fill out a "Verification of Enrollment Status" which isn't required by law. See http://hslda.org/docs/news/hslda/200110010.asp f
or more information.

Rutherford
Scott
Sequatchie

Sevier
August 9, 2002:

Sevier County folks are being told they must come down and sign for homeschool registration packets. Additionally, they are being asked to sign a Special Education form which says in part: "As the greatest number of students being homeschooled or served by private schools are speech/language impared..."
Click here to read more comments and read the document.
This document was quickly revised and the system apologized for the unfortunate wording.

January 22, 2002: HSLDA reports that they have assisted member families in 9 counties which were "insisting that their [the family's] high school students be registered at the public school. All of the children of these families are enrolled in church-school extension programs, not home schools."

Shelby:
Memphis City Schools: April 2008: HSLDA is reporting this TCAP incident.

HSLDA assisted a member family in Memphis this spring when a public school official initially refused to comply with state law. Tennessee law clearly states that the teaching parent may be present when a homeschool student in the fifth grade is being administered a standardized test at the public school. However, an elementary school principal in Memphis refused to permit a mother to be present while her daughter was being administered such a test.

When the mother contacted Home School Legal Defense Association for assistance, Senior Counsel Dewitt Black immediately faxed a letter to the principal and enclosed a copy of the statutory language giving the parent the right to be present during the testing. Not satisfied with this information, the principal contacted an employee of the evaluation and assessment division of the Tennessee Department of Education for further guidance. The department employee erroneously advised the principal that he could exclude the parent from being present during her daughter’s testing. After the anxious mother reported this development to HSLDA, Black placed a call to Christy Ballard, general counsel of the department of education, advising her that an employee of the department had given erroneous information to the public school principal about the parent’s right to be present during the testing. Ballard immediately contacted the misinformed employee who, in turn, contacted the school principal in Memphis and reversed the earlier advice. As a result, the HSLDA member was able to join her daughter in the testing session which had already begun.

All of this took place over the course of about two hours, showing that even the wheels of justice can move quickly at times. Our gratitude goes to the general counsel at the department of education for her courteous and prompt assistance in resolving this difficulty encountered by a homeschooling family. http://hslda.org/hs/state/tn/200804251.asp

Here's TCA 49-6-3050(b)(B)(A)

"The parent-teacher may be present when the home school student is tested in grade five (5). Both parent-teacher and home school student shall be under the supervision of the test administrator;..."

Memphis City Schools: November 18, 2005: HSLDA is reporting:

At the beginning of the 2005-2006 school year, Memphis City Schools sent a form letter to parents who had submitted a notice of intent to homeschool, seeking a copy of the parents' high school diploma, high school transcript, college degree, or college transcript to verify teaching qualifications. A Home School Legal Defense Association member family receiving the letter referred it to our office for assistance. http://hslda.org/hs/state/tn/200511180.asp

A letter from HSLDA on behalf of their member family is reported to have satisfied the school district. Last year (Spring of 2005) a push was started by the DOE to have homeschool files be complete. As a result several counties have overextended their authority and asked for proof of education. While HSLDA reports their response included the fact that such documentation is over and above the legal requirement it also points the school district to the DOE form that only requires a check mark indicating educational qualification have been met. My concern is that some clerk will think that changing the form will make us comply with their want of proof.

Memphis: Winter 1999 $8,000.00 A 15 year old homeschooler, Scott Newton, is picked up by Memphis Police, nearly in front of his home at 10:30 a.m. on a Wednesday morning on truancy charges. This young man indicated he was homeschooled--but wasn't believed. He was treated rather rudely and taken to the local school without being allowed to inform anyone at his home what was happening. Represented by HSLDA the family filed a civil lawsuit ( Newton v. William Oldham, Chief of Police ), and the family received an $8,000 settlement from the City of Memphis. As a result of this case an amendment to the current truancy laws was passed allowing only Memphis (at this time) to have police officers pick up truants. Homeschoolers are specifically exempted. However, no one knows until they detain a child if they are homeschoolers or not. See: http://www.hslda.org/courtreport/v15n1/v15n112.asp , Kay Brooks' personal notes from Education Committee Hearings, HB3149 , SB2425 , http://www.hslda.org/courtreport/v15n3/v15n312.asp

Shelby County: Winter of 1999: The Shelby County School District sends out a letter to homeschoolers insisting they submit health records for their children despite their registration with a Church Related School. HSLDA writes a letter explaining why this isn't required. See: http://www.hslda.org/courtreport/v15n1/v15n1tn.asp

Shelby County: Cordova: Spring 2001: A family was reported by a neighbor to the Dept. of Children's services as not attending school. A social worker visited the home. She checked with the local school system who didn't have a notice of homeschooling on record and truancy notices were sent. HSLDA wrote the Shelby County system that the family was registered as a satellite school of a CRS and thus didn't have to report to the County. (Note: technically this is private schooling and not home schooling according to the Jeter Memorandum.) See: http://www.hslda.org/courtreport/v17n2/v17n2tn.asp

Smith
Stewart

Sullivan:
June 29, 2001: The Skeen family of the State of Franklin Homeschoolers group who regularly register with the LEA reports that:

"The form was a bit simplified from last year's and I got the impression it was a suggested state form since the LEA's address was added hand written at the bottom.

All that was asked for was each child's name, age, grade level, and what subjects they would be taught. This last can be answered with "all" or "academic" or some such. Then the address and which parent or guardian was going to teach the children, how many hours each day you planned to teach (4 being required so one puts down '4' usually). Then there were two lines which said to the effect:

For children K-8, does the teacher have HS or GED? __Yes __ No
For children 9-12, does the teacher have BS or BA? __Yes __ No

This form had on it exactly what the law prescribes, no more and no less."
(From personal correspondence.)

May 12, 1994 Two Kingsport parents (Mrs. Iva Jones and Mr. Edward Byrns, Sr.) were jailed for violating the compulsory attendance laws. Both individuals were members of "the Church of Jesus Christ Bellridge Road" and as a result of the teaching they received there decided to homeschool their children. These individual families enrolled their children in the Accelerated Christian Education School out of Southridge School in Ohio. Since these children were both of high school age--according to the law in place at the time these parents should have registered with the local education agency and were required to have a bachelor's degree. Such was not the case.

Krwin Nelson, the Sullivan County attendance officer handled this case. Two weeks from the end of the '93-94 school year they refused to return the children to public school and hid the children. General Sessions Judge Duane Snodgrass sentenced them to 30 day.

David van der Veen, of the Northeast Tennessee Area Home Education (a chapter of the Tennessee Home Education Association) saw a report in the Kingsport Times regarding this case. David contact HSLDA and they took the case on pro-bono.

After just two days in jail the judge released the parents. Quoting the May 17, 1994 Kingsport Times News:

"I have reflected on all that occurred on (Thursday) and my decision to incarcerate", Snograss said. "I followed the law and did what was required in making that decision." The judge said he came to the conclusion, however, that changes in the law that take place July 1 will make it easy for the parents to conform their home school to state requirements, and that no real purpose would be achieved by forcing them to return their children--who were failing when withdrawn from school in March--for the remaining two weeks of this school year."
See: http://www.visi.com/~contra_m/cm/discuss/cm11_jail.html

Sumner
Tipton
Trousdale
Unicoi
Union
Van Buren
Warren

Washington:
January 22, 02: HSLDA reports that they have assisted member families in 9 counties which were "insisting that their [the family's] high school students be registered at the public school. All of the children of these families are enrolled in church-school extension programs, not home schools."

$16,500.00
May 26 1998: Susan Davis, while working for the county as a school bus driver, decides she'll homeschool her child(ren). She goes to her boss, Grant A. Rowland, Jr., Superintendent of Schools, with whom, according to law, she can choose to register with, asking for the forms. He's not happy with her decision. She later receives a letter dated the day after her conversation with Mr. Rowland, informing her that she is fired. No reason is immediately given. Later they say it stemmed from personal use of the school bus. HSLDA files a civil rights lawsuit in May of 1999. HSLDA hired a private investigator and taped plenty of bus drivers going to "tanning salons, second jobs, and hardware stores all over the county." After delivery of the videotape to opposing counsel the county paid $16,500 to Ms. Davis in settlement.

See: http://www.hslda.org/docs/hshb/14/hshb1423.asp ,http://www.hslda.org/courtreport/v15n2/v15n210.asp
http://www.hslda.org/courtreport/v15n5/v15N502.asp

Wayne

Weakley:
My personal notes from families who prefer to remain anonymous, indicate for years this county has required ALL homeschoolers to notify the county that they will be homeschooling. This is not required in the law.

January 2001: In my correspondence with Attendance Supervisor Marvin Flatt he wrote: "This is not dual registration. We request that we be notified if a student is enrolled in any home school program." Mr. Flatt, in an effort to get the authority to request this information asked his co-worker in the school system (Rep. Mark Maddox) to sponsor HB0467 . This legislation failed this year but could be revived next year (2002).

White
Williamson
Wilson