Public school officials in Cheatham County, Tennessee, recently sent letters to independent homeschool families in the county telling them: “As part of state requirements, all students, including those who are homeschooled, must participate in the annual state assessments.”
When local families reminded the district that testing is only required for independent homeschool students in grades 5, 7, and 9, district personnel pushed back, emailing at least one family that while state law requires testing in grades 5, 7, and 9, state law gives districts authority to require it for other grades. The law “leaves it up to districts if they wish to require other grades, and our district has chosen to require testing for all grades 3rd-9th,” the email said.
With the district doubling down on this unlawful position, the family asked HSLDA to intervene. Our action in defense of homeschooling helped persuade officials to reverse their stance.
Diving deeper: A close look at Tennessee law
There are several ways for families to homeschool their children in Tennessee.
Many families use what is called Option 2, where they homeschool under the auspices of a Church Related School (also known as a Category IV school). It is important to note that, because of the First Amendment to the US Constitution and Tennessee’s strong constitutional and legislative protections for religious freedom, a “Church Related School” includes any Category IV school affiliated with any house of worship, not just a church.
Other homeschool families use Option 3, where they homeschool under the auspices of an accredited distance learning school, called a Category III school.
(It is important to note that standardized testing is NOT required by Tennessee law for families using Option 2 and Option 3, unless the family’s Church Related School or Category III school includes it as part of their program requirements.)
Some families use Option 1, independent homeschooling, which was established by the Tennessee legislature in the early 1980s. At that time, independent homeschooling was the only way that families could homeschool in the state. Church related schools and Category III schools legislation have been passed more recently.
Families using Option 1 generally have more requirements to follow than families in the other options, including standardized testing, and a requirement that the parent have a high school diploma. But school districts must still follow the rule of law, and do not have the authority to go beyond what the Tennessee legislature has established.
Protecting the Rule of Law in Tennessee
The extra requirements placed by Cheatham County Public School are significant for every homeschool family in Tennessee. When any local official can add to the law and requirements, regardless of which homeschool option families choose, we should all take notice.
And that is why we swung into action with Cheatham County Public Schools. We defend the rule of law when we stand up on behalf of our HSLDA member families who are being told to comply with extra-legal requirements by local public schools.
In coordination with Tennessee Home Education Association (THEA), we sent a letter to the district clearly setting forth the law and demonstrating their requirement was not lawful. Within a few hours after we sent our letter, the district agreed and informed independent homeschool families in Cheatham County that testing beyond grades 5, 7, and 9 was not required.
As we wrote in our letter to the district, HSLDA has litigated—and won—numerous instances around the nation where local public schools attempted to place extra-legal requirements on local homeschool families.
We are grateful that Cheatham County Public Schools reversed course and will no longer attempt to force independent homeschoolers to test their children outside of grades 5, 7, and 9. And we are grateful for every HSLDA member in Tennessee who makes our work possible.