FAQ - Legal Issues

  1. Is home education legal?
  2. Is HLA a Legal Church-related school?
  3. How did HomeLife Academy get started?
  4. Are we allowed to deduct any homeschooling expenses from our taxes?
  5. Can you give me clarification of Tennessee’s three options?
  6. What is the difference (in TN) between registering with a CRS and following the Jeter memo?

Q: Is home education legal?

A: Yes. Home education is legal in all fifty states and in many countries around the world. You are welcome to register with HomeLife Academy regardless of the state in which you live. It is important, however, that you first read your state’s home schooling laws. Each state is different and HLA loves to serve home educators in every state. For more information choose your state from the US map on our home page.


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Q: Is HLA a Legal Church-related school?

A: Yes. HLA is recognized by and listed with the TN Dept. of Education as a Category IV, church-related school, covered by the provisions of T.C.A. 49-50-801. HLA is also considered a "600" school in Florida.  HLA is also a legal covering in CO and IL., where our families are not considered "homeschoolers" by this state. For more legal information choose your state from the US map on our home page.


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Q: How did HomeLife Academy get started?

A: Click here and scroll down to read how HLA got started.

Most importantly, this is a testimony of God’s faithfulness and desire to help parents and families. We believe strongly that God is moving through homeschooling to do much more than provide a quality education for children. In fact, it may be that the most important thing God is doing through the homeschooling movement is to build a better framework in which children can learn about Him. HLA’s desire is to be used by God to accomplish His goals for uniting entire families and raising Godly children.

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Q: Are we allowed to deduct any homeschooling expenses from our taxes?

A: To our knowledge this is not being done by other umbrella schools in TN. We've been checking into this for a couple of months and the answer is MAYBE. Being a Category IV school that appoints parents to be teachers is quite different from what the IRS had in mind. And since every individual family has different circumstances we do not feel comfortable giving a blanket YES. Therefore, please ask your CPA if you can deduct educational expenses. Thank you.

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Q: Can you give me clarification of Tennessee’s three options?

A: Attention HLA parent-teachers,

Home School Legal Defense Association (HSLDA) recently sent out a summary of the TN state laws and the three options. The email, which is the three options in paragraph form, is pasted below. We have received several requests for clarification.

For example, one parent asked:

“I received a letter in the mail from HSLDA and by its wording, it seems like I should register my son, Jonathan, with the local school district since he is entering 9th grade. Is this correct? The letter stated, "for those students whose home school is associated with a church-related school and who are in grades nine through 12, parents must register them with the local school district." Who should I contact?”

The short answer is:

HLA operates completely under option three. Therefore, you DO NOT have to register with the local school district for ANY grade level.

The long answer is:

First of all, the three paragraphs of HSLDA's summary (below) reflect the three options in TN as outlined here: http://www.hslda.org/laws/default.asp?State=TN

The problem is the difference in options two and three is very subtle and hinges on the word "associated." Here is the difference.

Option 2 (second paragraph reads): "For parents conducting a homeschool which is associated with a church-related school and who are in grades 9-12, parents must register them with the local school district." The key word here is "associated."

For all hla teachers:

Your "homeschool" is NOT "associated" with a church-related school because you do not HAVE a "homeschool." Option 2 does not apply to you because you are a teacher for HLA and NOT a "homeschooler" under state law. Keep reading to Option 3 (third paragraph).

Option 3 (third paragraph):

HSLDA still believes option three means registration is not necessary for any grade level. Thus this part of the summary: "Parents also have the option of having their children attend a church-related school. This is not homeschooling, because the church-related school is not being conducted by parents or legal guardians." It is not an association with the church-related school but a complete enrollment with the church-related school.

"Under this option, there is no need for parents to comply with the homeschool law, which includes notice, registration, or testing through the public school."

This wording directly from the Jeter Memo and the HSLDA website still indicates Option 3 as before. HLA continues to operate under option three and, therefore, does not require, nor believe that, teachers of grades 9-12 must register with the local school district.

There are a few schools that do operate under option 2 by choice. HLA does not. Our web site continues to reflect this information. This summary is also available on the Registration page.

IMPORTANT

HomeLife Academy is a state recognized Category IV church-related school. You will be considered a private teacher for HomeLife Academy and not a "homeschooler" under TN state law. The TN state board of education has a "home school" program and you may register with the state. However, the church related laws (T.C.A. 49-50-801) read: "The state board of education and the local boards of education are prohibited from regulating the selection of faculty or textbooks or the establishment of a curriculum in church-related schools." Therefore, we choose YOU to be faculty and we let YOU establish the curriculum. Instead of having our teachers come to a campus and teach someone else's kids, we let you stay home and teach your own. Your home is like an extension of a campus. Home School Legal Defense Association (HSLDA) calls this "option three." So remember, you are NOT a "home schooler" under law, you are a private school teacher that stays home. For more on this, read The Jeter Memorandum."


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Q: What is the difference (in TN) between registering with a CRS and following the Jeter memo?

A: The Jeter Memo option is confusing at first. It took me several reviews of this about ten years ago to finally understand.

Bottom line is if you choose this optionyou will NOT be "homeschooling." Instead, you will be a private school teacher that stays home. You stay home because your home is a part of our very spread out campus, and your students just happen to be your very own kids!


Of course we still use the term home schooling (actually, we prefer home education because we feel there is a significant difference between school and education). In fact the TN Dept. of Education lists us as having a homeschooling program. Even though we do not really have a homeschool program in the purest sense of the church-related laws it just makes things easier for the many superintendents that look up HLA on the non-public schools list.


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