This bill enacts the "Family Right to Educational Emancipation (FREE) Act," which creates a separate and distinct type of home school through which parents and legal guardians may elect to educate their child at home without having to comply with the requirements set by this state for other schools, including attendance and certain testing required of home schools. If a parent or legal guardian elects to conduct such a home school, then neither the state nor a local government or agency may infringe on the rights of the parent or legal guardian to make decisions concerning their child's home school education, including, but not limited to, the curriculum, courses of study, and methods of instruction selected or used. PRESENT REQUIREMENTS This bill requires the state and all local governments and agencies to recognize these home schools as a distinct and separate category of parent-led education that is unrelated to public and private schooling options. These home schools do not need to comply with the following requirements outlined for church-related schools or home schools: Church-Related Schools Present law requires church-related schools to meet all of the following standards:  Be operated by a denominational, parochial, or other bona fide church organization.  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.  Be conducted for the same length of term as public schools.  For students in grades nine through 12, parent-teachers must possess at least a high school diploma or high school equivalency credential approved by the state board of education. Present law authorizes a parent-teacher to enroll their home school student in a church-related school, and participate as a teacher in that school. Such parent-teacher must be subject to the requirements established by the church-related school for home school teachers and be exempt from present law pertaining to home schools. Home Schools Present law requires, except for home schools operated through a church-related school as described above, a parent-teacher conducting a home school to comply with the following requirements:  Prior to each school year, provide to the local director of schools the parent-teacher's intent to conduct a home school and relevant information, including names and ages of the children, the location of the school, and the proposed curriculum. Information collected is for record keeping and for other purposes for which similar information on public school students may be used in accordance with guidelines, rules, and regulations of the state board of education.  Maintenance of attendance records, subject to inspection by the local director of schools, and submission of these records to the director of schools at the end of each school year.  Instruction for at least four hours per day for the same number of instructional days as are required by state law for public schools.  Possession of a high school diploma or high school equivalency credential approved by the state board of education by the parent-teacher.  Administration by the commissioner of education or by a professional testing service that is approved by the LEA, to home school students of the same state board approved secure standardized tests required of public-school students in grades five, seven, and nine. However, the test for grade nine may not be the high school proficiency test required to receive a full diploma upon graduation from public high school.  Tests administered by the commissioner must be at the same time tests are administered to public school students, and be administered in the public school that the home school student would otherwise be attending, or at whatever location students at such school are tested. Tests administered by the commissioner must be administered without charge. The parent-teacher may be present when the home school student is tested in grade five. Both parent-teacher and home school student must be under the supervision of the test administrator.  Tests administered by a professional testing service must be administered within 30 days of the date of the statewide test. Tests administered by a professional testing service are at the expense of the parent-teacher.  All test results from either administration by the commissioner or by a professional testing service, must be provided to the parent-teacher, the director of schools, and the state board of education.  Consultation between the director of schools and the parent-teacher if the home school student falls three to six months behind the home school student's appropriate grade level, based on the testing described above.  If a home school student falls six to nine months behind in reading, language arts, mathematics, or science test scores or such of these areas, regardless of the term used on the test, as are actually tested for the student's grade level, based on the tests described above, the parent must consult with a teacher licensed by the state board of education and having a certificate or endorsement in the grade level or course or subject matter in which consultation is sought. The parent and teacher must design a remedial course to help the child obtain the child's appropriate grade level. The parent must report the remedial course for the child to the local director of schools.  If a home school student falls more than one year behind the home school student's appropriate grade level in the home school student's comprehensive test score for two consecutive tests based on the tests required above, and if the child is not learning disabled in the opinion of a teacher licensed to teach at the child's grade level, the local director of schools may require the parents to enroll the child in a public, private or church-related school, and the parents must have all rights provided by law to respond to this requirement.  If a test indicates that a home school student is one year or more behind the home school student's appropriate grade level, the same test must be administered to the child not more than one year later.  Submission by the home school student entering public schools to the evaluation test provided for student at church-related schools, if the local system requires the test, or the tests required by the state board of education for transfer students. All of the above standards do not apply to home schools if a parent or legal guardian so elects. AUTONOMY This bill prohibits the state or a local government or agency in this state from imposing any rules, requirements, mandates, or guidelines regarding the curriculum, instructional materials, or educational methods used by parents or legal guardians for children being educated in such a home school. Present law requires every parent, guardian, or other legal custodian residing within this state having control or charge of any child or children between six and 17, to cause the child or children to attend public or nonpublic school, and in the event of failure to do so, are subject to penalties. A parent, guardian, or other legal custodian who commits educational neglect or makes a false statement concerning the age of the child or the time that the child has attended school commits a Class C misdemeanor, punishable by up to 30 days in prison, a fine not to exceed $50, or both. Each day's unlawful absence constitutes a separate offense. This bill provides that the student's parents or legal guardians that have opted out are exempt from the state's compulsory school attendance, truancy intervention, and all other educational laws, rules, and requirements established by the state or by a local government or agency in this state. This bill prohibits the state or a local government or agency in this state from requiring a student being educated in such a home school, or the student's parent or legal guardian, to (i) be administered, or to administer, any assessment, including, but not limited to, a state-mandated standardized test or assessment; or (ii) submit or report any information or documentation regarding the home school student's attendance or education to the state, any school or school district in this state, or any other governmental entity. CHILD LABOR LAWS Present law regulates employment of minors, providing several exemptions, including minors who are 16 or 17 and not enrolled in school. However, an employer that employs a minor who is 16 or 17 must have on file a written statement signed by the director of schools stating that the particular minor is not enrolled in school or is lawfully excused from compulsory school attendance. A "director of schools," with respect to a home school, means the director of the LEA where the child who has been registered as a home-schooled child would otherwise attend. This bill adds that, with respect to a home school that opts out of state regulation, the "director of schools" for such a school means the home school student's parent or legal guardian. Present law generally prohibits an employer from employing a minor during school hours, but exempts students enrolled in home schools or church-related schools if the student has consent of the parent conducting the home school. However, the student must present to the employer a letter signed by the director of schools confirming the student's enrollment and authorization to work. The director of a church-related school must send a copy of the letter to the director of the LEA of the school district in which the child resides. This bill revises this provision to not require the parent or legal guardian of a student who is being educated in a home school conducted pursuant to this bill to provide any documentation or information to, or to obtain any consent or authorization from, the director of schools for the school district in which the child resides in order to work during school hours. DRIVER LICENSES Present law generally requires that the department of safety deny a license or instruction permit for the operation of a motor vehicle to a person under 18 who does not at the time of application present any of the following documentation:  A diploma or other certificate of graduation from a secondary high school.  Proof of enrollment in a course leading to a high school equivalency credential approved by the state board of education from a state-approved institution or organization, or has obtained a high school equivalency credential approved by the state board of education.  Proof of enrollment in a secondary school of this state or any other state.  Proof of being excused from such requirement due to circumstances beyond the applicant's control. This bill deletes this provision. Present law requires the attendance teacher or director of schools to provide documentation of enrollment status on a form approved by the department of education to any student who is 15 or older upon request, who is properly enrolled in a school under the jurisdiction of the official for presentation to the department of safety on application for or reinstatement of an instruction permit or license to operate a motor vehicle. Whenever a student who is 15 or older withdraws from school, except if it is beyond the control of the student, the attendance teacher or director of schools must notify the department of safety of such withdrawal. Within five days of receipt of the notice, the department must send notice to the licensee that the license will be suspended on the 30th day following the date the notice was sent, unless documentation of compliance with this law is received by the department before that time. After having withdrawn from school for the first time, a student may not be considered as being in compliance until the student returns to school or turns 18. For second or subsequent withdrawals, a student must have all driving privileges suspended until the student turns 18. This bill deletes this provision. Present law further provides that after withdrawal, if the student's failure to enroll in a course leading to a high school equivalency credential approved by the state board of education or high school diploma is beyond the control of the student, or is for the purpose of transfer to another school as confirmed in writing by the student's parent or guardian, no notice must be sent to the department to suspend the student's motor vehicle driver license. If the student is applying for a license, the attendance teacher or director of schools must provide the student with documentation to present to the department of safety to excuse the student from the requirements. The school district director of schools, or the appropriate school official of any private secondary school, with the assistance of the attendance teacher and any other staff or school personnel, is the sole judge of whether withdrawal is due to circumstances beyond the control of the person. This bill deletes this provision. By September 1 of each year, present law requires the department of safety to report to legislative committees the number of students whose driver licenses were suspended during the school year immediately preceding the report date. The department of safety must also report the number of students whose licenses were reinstated during such school year after such students had their licenses suspended and the total number of licenses granted to students during the school year. This bill deletes this provision. Present law requires every application for a driver license, instruction permit, intermediate driver license, and photo identification card must be made upon a form furnished by the department of safety. Each application requires certain information be provided by applicants. For applicants under 18, the application must be accompanied by documentation of compliance with school attendance requirements. No first-time applicant who is 18 or younger, whose license or learner's permit was suspended by withdrawing either voluntarily or involuntarily from a secondary school, may be assessed a reinstatement fee of $20 by the department. This bill deletes this provision and, instead, prohibits the department of safety from assessing a first-time applicant a reinstatement fee if (i) the applicant is 18 or younger and (ii) the applicant's driver license or learner's permit was suspended prior to July 1, 2025, due to the applicant's withdrawing from secondary school. Present law provides procedures for the issuance or restoration of a license of a minor withdrawn from secondary school, including administrative review of license revocation, revocation hearings, and judicial review of the license revocation. This bill deletes all of this provision. This bill prohibits the department of safety from conditioning the issuance of a driver license or learner's permit on a school-aged applicant's attendance record or enrollment status, or otherwise require a school-aged applicant to present evidence of school attendance or enrollment as part of their application.

Statutes affected:
Introduced: 49-6-3050(a), 49-6-3050, 49-6-3001(c)(1), 49-6-3001, 49-6-3001(c)(2), 50-5-102(4), 50-5-102, 50-5-105(c), 50-5-105, 49-6-3005, 49-6-3007, 49-6-3008, 49-6-3009, 49-6-3017, 55-50-303(a), 55-50-303, 55-50-321(c), 55-50-321, 55-50-339, 55-50-502(a)(1), 55-50-502