Revised June 2023 by Angela McKee, Senior Administrator

The decision to homeschool starts with a strong sense of personal responsibility for our children and their education. A part of that responsibility is to make sure you are in compliance with the state and local laws regarding homeschooling. We have had several questions recently relating to requirements of Tennessee church-related or “umbrella” schools and have been asked to weigh in on a conversation about what the expectations, requirements, and reasonable service an umbrella should provide. Please note that this article only applies to Tennessee residents. If you have questions regarding the requirements in other states, please contact our office for further assistance.

Legally, the State of Tennessee requires a handful of things from Category IV, church-related schools. These are spelled out in the Tennessee Code Annotated (TCA) and the Rules of the State Board of Education (BOE Rules). I can try to keep this short, but it’s really not a short answer.

Let’s start with the compulsory attendance requirement, a.k.a. the “Truancy Laws.“ For homeschoolers, this is the primary legal requirement with which you need to be concerned. It is your school’s responsibility to you to take this seriously and to follow state guidelines in order to remain a viable and legitimate school option. This is separate and distinct from whether or not your child is actually receiving an education. The truth is, your student could be receiving a top-notch education while in complete violation of the truancy laws. On the other hand, there are public, private and homeschool students all across this state meeting the compulsory attendance requirements who are not receiving an adequate education at all. For the purpose of this article, I will be addressing not only compulsory attendance, but also immunizations and accreditation.

Following is a portion the TCA section establishing the compulsory attendance requirement for Tennessee students:

49-6-3001 (c) (1)Every parent, guardian or other legal custodian residing within this state having control or charge of any child or children between six (6) years of age and seventeen (17) years of age, both inclusive, shall cause the child or children to attend public or nonpublic school, and in event of failure to do so, shall be subject to the penalties provided in this part. The LEA in which a transfer student seeks to enroll may require disclosure and copies of the student’s records in accordance with the Family Education Rights and Privacy Act, compiled in 20 U.S.C. § 1232g et seq., including, but not limited to, disciplinary records from educational agencies where the student was previously enrolled.

It goes on to provide the following definitions:

49-6-3001 (c) (3) As used in this part, “public school” and “nonpublic school” are defined as follows: (A) “Non-public school” means a church-related school, home school or private school; (i) “Church-related school” means a school as defined in § 49-50-801; (ii) “Home school” means a school as defined in § 49-6-3050; and (iii) “Private school” means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; and (B) “Public school” means any school operated by an LEA or by the state with public funds.To meet the compulsory attendance requirement a parent may choose to enroll their student in a “Home school” as defined in 49-6-3050. The most recent homeschool law reads as follows:49-6-3050 (3) A parent-teacher may enroll the parent’s home school student or students in a church-related school, as defined in § 49-50-801, and participate as a teacher in that church-related school. Such parent-teacher shall be subject to the requirements established by the church-related school for home school teachers and exempt from the rest of the provisions of this section.

This church-related school option is what many refer to as using an “umbrella school”. The term “umbrella” is not a legal term but refers to the covering offered to these families which acts as a buffer of sorts from the state or local school systems.

Once enrolled in a church-related school, the parent-teacher is subject to the requirements established by the church-related school. This will sometimes include things such as standardized testing requirements, parent-teacher qualifications, grade reporting, course and/or curricula requirements, etc. Again, these are all established by the church-related school, not the state or local board of education.

HOWEVER… There are certain requirements placed on the church-related school by the State through portions of the TCA and State BOE Rules that cause them to require particular information from the parents. Specifically, this is where the immunization issue and “data reporting” requirements come into play. There may also be certain requirements such as curricula choices, etc. that could be affected by which organization (for example, ACSI) a church-related school chooses to place membership as described below.

As you see above, church-related schools are defined in TCA 49-50-801.

Here is what that section of the TCA says:

49-50-801. Church-related schools.(a) As used in this section, unless the context otherwise requires, “church-related school” means a school operated by denominational, parochial or other bona fide church organizations that are required to meet the standards of accreditation or membership of the Tennessee Association of Christian Schools, the Association of Christian Schools International, the Tennessee Association of Independent Schools, the Southern Association of Colleges and Schools, the Tennessee Association of Non-Public Academic Schools, the Tennessee Association of Church Related Schools or a school affiliated with Accelerated Christian Education, Inc.(b) The state board of education and local boards of education are prohibited from regulating the selection of faculty or textbooks or the establishment of a curriculum in church-related schools.(c) The state board of education and local boards of education shall not prohibit or impede the transfer of a student from a church-related school to a public school of this state. Local boards may, however, place students transferring from a church-related school to a public school in a grade level based upon the student’s performance on a test administered by the board for that purpose. In local school systems where the local board of education requires tests for students transferring to that system from another public school system, the same test shall be administered to students transferring to such system from church-related schools.(d) Church-related schools shall be conducted for the same length of term as public schools. (e) Nothing in this section shall be interpreted as prohibiting church-related schools from voluntarily seeking approval by the state board of education nor prohibiting the state board of education from extending such approval when it is voluntarily sought.

Additionally, following is the section of the State BOE Rules that define the categories of non-public schools including Category IV which is the category of school in which a church-related school school will fall (The other categories involve “accreditation,” and attaining accreditation results in a loss of the ability to appoint parents as teachers and have home-based, parent directed programs allowing parents to choose their own curricula and education plan for their students.)

0520-07-02-.05 CATEGORY IV: CHURCH RELATED SCHOOLS . (1) Category IV schools are schools that are “church-related” and exempt from certain regulations regarding faculty, textbooks, and curriculum. T.C.A. § 49-50-801 defines a church-related school as a school operated by denominational, parochial or other bona fide church organizations, which are required to meet the standards of accreditation or membership of the Tennessee Association of Christian Schools, the Association of Christian Schools International, the Tennessee Association of Independent Schools, the Southern Association of Colleges and Schools, the Tennessee Association of Non-Public Academic Schools, the Tennessee Association of Church Related Schools, the Association of Classical and Christian Schools, the Tennessee Alliance of Church Related Schools, or a school affiliated with Accelerated Christian Education, Inc. NON-PUBLIC SCHOOLS APPROVAL PROCESS CHAPTER 0520-07-02 (Rule 0520-07-02-.05, continued) October, 2022 (Revised) 15 (2) In accordance with T.C.A. § 49-6-3050, a parent may enroll their child in a Category IV school and participate as a parent-teacher in the Category IV school for the purposes of home schooling their children. Such parent-teachers shall meet the requirements established in T.C.A. § 49-6-3050 and shall be subject to the requirements established by the Category IV school for home school parent teachers. Students who are enrolled in a Category IV school with a parent-teacher as provided in this paragraph and T.C.A. § 49-6-3050 shall be reported as enrolled students as required by paragraph (3)(f) below, in the same manner as all other enrolled students. A Category IV school is not required to conduct a criminal history records check as set forth in paragraph (3)(i) below for a parent-teacher who is instructing their own children.

(3) Each agency shall ensure all of its accredited or member schools: (a) Comply with all laws, rules and regulations, and codes of the city, county, and state regarding planning of new buildings, alterations, and health and safety. (b) Comply with all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal’s Office. (c) Conduct at least one (1) fire safety inspection annually based on the fire safety inspection checklist developed by the Tennessee Fire Marshal’s Office, and maintain copies of the inspection reports, including findings of non-compliance and actions taken to comply for review by the Tennessee Fire Marshal’s Office. (d) Construct, remodel, renovate, expand, or modify school buildings or other structures in accordance with any state and/or federal requirements applicable to the school regarding building accessibility, which may include, but is not limited to, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. (e) Comply with the requirement of Department of Health Rules and T.C.A. § 49-6-5001 that each child enrolled in school be vaccinated against disease, subject to any applicable exemptions set forth in State law or Department of Health Rules. (f) Comply with the requirement of T.C.A. § 49-6-3007 that the names, ages, and addresses of all pupils in attendance be reported to the director of schools of the public school district in which the student resides. (g) Ensures students entering Kindergarten have reached five (5) years of age on or before August 15 pursuant to T.C.A. § 49-6-201(b)(3), unless the principal or head of school finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) on or before September 30 is sufficiently mature emotionally and academically to enter Kindergarten and the school has a policy permitting testing by the principal or head of school to obtain early admission to Kindergarten. (h) Each school shall maintain an operating schedule that includes the minimum number of instructional days (180) and minimum number of hours per day (6 ½) required of public schools, In accordance with T.C.A. § 49-6-3004, a school that exceeds the required six and one-half (6 ½) hours of instructional time per day for the full academic year shall be credited with the additional instructional time in amounts up to, but not exceeding, thirteen (13) instructional days each school year. Such excess instructional time shall be used in accordance with T.C.A. § 49-6-3004(e)(1). Schools that are unable to meet the required 180 instructional day requirement due to natural disaster or serious outbreak of illness affecting or endangering students or staff during the school year may request a waiver of the minimum instructional day requirement from the school’s accrediting or membership agency. (i) Each school shall conduct a criminal history records check prior to employment for any person applying for or holding a position as a teacher or any other position requiring proximity to school children. Criminal history records checks shall also be required for any person or employee of the person, corporation, or other entity who contracts with a school and who will have direct contact with school children or access to the grounds of the school when children are present. The criminal history records check shall be fingerprint based or social security number based and shall also include a check of the Tennessee and National Sex Offender Registries and the Tennessee Department of Health Abuse Registry. Schools may also search the Tennessee educator licensure database (TNCompass) to determine if an applicant for a teaching position or any other position requiring proximity to school children has had a Tennessee educator license suspended or revoked for misconduct.

As you can see, the first four requirements are related to building, health and fire safety issues that will not apply to the home-based programs of umbrella schools. This means that there are four main requirements established in this section of the BOE Rules that directly impact church-related schools. Those are the requirements to confirm that students are vaccinated (or have a religious or other valid exemption) and to report “the name, age and address of all pupils to the superintendent of the public school system in which the student resides.”; make sure students registering for Kindergarten are 5 by August 15 or September 30; and that teachers, staff, and contractors who come in contact with students have had a criminal background check.

It is the “data reporting” requirement that has resulted in differing opinions among some church-related schools and parents as to what is exactly required. This is because the BOE Rule above doesn’t exactly match the text in the TCA in 49-6-3007 relating to this issue. It reads as follows:

49-6-3007 (c) – “It is the duty of the principals and teachers of all schools, public, private, denominational or parochial, to report in writing to the director of schools of the system in which the school is located the names, ages and residences of all pupils in attendance at their schools and classes within thirty (30) days after the beginning of the school year, and to make such other reports of attendance in their schools or classes, including transfers of pupils, as may be required by rule or regulation of the local board of education and of the state board of education. Notwithstanding subsection (g), this subsection (c) shall apply to any child less than six (6) years of age who is enrolled in any school to which this subsection (c) is applicable.

The TCA states that the information is to be reported “to the director of public schools of the system in which the school is located” while the BOE Rules say, “where the student resides”. This has left some church-related schools to feel that they only need to report this information to the BOE where the school is based. For instance, HLA is based in Jackson, TN which is in Madison County. With this understanding, we would either report all of our students to Madison County or possibly only those living in Madison County to the Madison County BOE.

In the case of HLA, we happen to hold membership in ACSI (the Association of Christian Schools International) as part of meeting the requirement in 49-50-801 and the BOE Rules. To maintain our membership with ACSI, they require us to sign an affidavit every year affirming that we have abided by the BOE Rules. This includes the text relating to reporting based on where the student resides. We have also been advised by HSLDA (Homeschool Legal Defense Association) that this is what should be done. Therefore, HLA does report the name, age and address of each student to the director of schools of the school system where the student resides.

The importance of complying with these requirements as defined in the TCA and BOE Rules is based on the fact that should a church-related school be deemed to not be in compliance, their status as a valid Category IV, church-related school could be challenged. Should their status be lost, it would then put every student enrolled in their school in jeopardy of being charged with truancy, as they would no longer meet the compulsory attendance requirements in 49-6-3001.

Church-related schools are also required to keep “daily” reports of attendance based on the following TCA section:

49-6-3007 (d) All public, private and parochial schools shall keep daily reports of attendance, verified by the teacher making the record, which shall be open to inspection at all reasonable times, to the director of schools of the system in which the school is located or to the director of schools’ duly authorized representative. Notwithstanding subsection (g), this subsection (d) shall apply to any child less than six (6) years of age who is enrolled in any school to which this subsection (d) is applicable. (e) (1) It is the duty of the principal or teacher of every public, private or parochial school to report promptly to the director of schools, or the director of schools’ designated representative, the names of all children who have withdrawn from school, or who have been absent five (5) days without adequate excuse. This means an aggregate of five (5) days during the school year and not necessarily five (5) consecutive days. Each successive accumulation of five (5) unexcused absences by a student shall also be reported.

One of the terrific benefits of homeschooling is the flexibility in teaching schedules. Homeschoolers learn EVERY day and that makes daily attendance easy! I’m not sure there really is such a thing as an unexcused absence for a homeschooler! 🙂 Because of this, most church-related schools only require parent-teachers to report a total number of days they would like to count toward attendance. At HLA, we require reporting of grades and cumulative daily attendance twice per year, at the end of each semester. Parent-teachers can keep a more detailed attendance of their students should it be needed.

As I mentioned earlier, each church-related school may establish its own policies and requirements in addition to those listed here. Some of the requirements may include proof of education requirements for parent-teachers, standardized testing for students, specific curricula choices, minimum requirements for graduation, agreement with a statement of faith, membership in a certain church, membership with HSLDA, etc.

In regard to accreditation, Category IV schools are Church-related Schools. These schools are not accredited. They operate under T.C.A. 49-50-801 and must be a member of an association listed in that statute. HLA is a member of good standing with the Association of Christian Schools International (ACSI), but can also be a local association such as TACRS or TANAS.

Can Category IV schools be accredited?

No, only Categories I, II, and III schools are accredited. By the nature of a Category IV school, they cannot be accredited (per the TN Department of Education). Accreditation requires oversight in many areas, one being curricula. The curricula that a family chooses to use must be on a list of approved curricula and meet the accrediting agencies’ guidelines. Any curricula that do not fall within the accrediting agencies’ guidelines would not be allowed. This may help if a Category IV school seeks accreditation (which it can), it would then become a Category I, II, or III depending on which accreditation it receives. It would no longer be a Category IV school.

If I am enrolled in a TN school that is designated as a Category II (accredited) and a Category IV (non-accredited) as a homeschooler, can I receive an accredited transcript and diploma if I am registered in the Category IV school? See the list of Non-Public Schools in TN here.

No, since umbrella schools (Category IV) cannot be accredited, “these schools [having both Category II and IV designations] must designate students as either enrolled in the accredited school or enrolled in the homeschool program.” (Statement from the TN Department of Education)

Homeschooled students MAY enroll in the Category II school (if allowed) but would then be a Category II student and be required to meet the Category II guidelines for accreditation, including the use of approved curricula, and would, therefore, not be considered a Category IV student. Students can be enrolled in a Category IV school program and take classes with a Category II school (if allowed). The courses taken would be considered accredited courses, but this does not make the Category IV student’s transcript or diploma accredited.

0520-07-02-.03 CATEGORY II: AGENCY ACCREDITATION. (3) Homeschools which may affiliate with an approved agency are not approvable under this category.

There are also other factors to consider when deciding on a church-related school or whether or not you wish to use that method of meeting compulsory attendance. Each church-related school is unique in the services and options offered. Some have a strong online presence while others may focus on a strictly local service offering. There are church-related schools that offer sports teams, standardized testing, onsite tutoring, counseling support, official transcripts, dual enrollment options as well as many other possible services.

I encourage you to fully research and do your due diligence on any church-related school that you are considering to make sure that they will be a good fit for your family and your student’s educational and life goals and that they are adhering to the minimum requirements placed upon them as a church-related school. HLA is well known and recommended by homeschoolers, but we are also well known and respected by the State of Tennessee, THEA, Boards of Education, Schools, Colleges and Universities. We stand on our CORE Values: Flexibility, Helpfulness, Grace, Diligence, Generosity, and Integrity. Of course we would love to serve you and your students at HomeLife Academy; however, if we believe that your needs will be better met with another school or option, not only will we not be offended by your decision, we will likely recommend it to you. “Choices in Education” really is more than just a tagline to us. It’s a philosophy! 🙂

If you would like to know more about HomeLife Academy, the services we offer and our requirements for registration, please visit our website at www.homelifeacademy.com or give us a call at 888-560-0774.