Education

Plain English Breakdown

The official source material does not provide details on the potential costs and updates required by the Department of Safety's A-List software system.

Family Right to Educational Emancipation (FREE) Act

This act creates a new type of home schooling in Tennessee where parents can educate their children at home without following state rules for attendance and testing.

What This Bill Does

• Creates a new category of independent home schools that are not subject to the data collection, reporting, or assessment requirements applicable to existing independent home school programs.
• Exempts such home school students and parents from compulsory school attendance requirements.
• Prohibits state agencies from requiring home school students or their parents to submit information about the student's education or attendance.
• Allows parents to choose any curriculum, courses of study, and methods of instruction without interference from the state.

Who It Names or Affects

• Parents and legal guardians who want to educate their children at home.
• Children between six and seventeen years old whose parents choose the new type of home schooling.
• State agencies responsible for education oversight.

Terms To Know

Compulsory school attendance

A law that requires students to attend a public or private school during certain age ranges.

Home school

An educational program where children are taught at home by their parents or guardians instead of attending traditional schools.

Limits and Unknowns

• The bill does not specify how the state will ensure that these new independent home schools provide a quality education.
• It is unclear if there will be any consequences for parents who do not comply with this act's provisions.

Official Summary Text

This
bill enacts
the
"
Family Right to Educational Emancipation (FREE) Act
,"

which creates
a separate and distinct type of hom
e school
through which p
arents 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 th
e
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 t
h
e
state and all local governments and agencies
to
recognize
these
home schools as a distinct and separate category of
pa
rent-led
education that is
unrelated to
public and private school
ing 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 c
hurch-related schools to meet all of the following standards:



Be
operated by
a
denominational, parochial
,
or other bona fide church organization
.



M
eet

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.



B
e conducted for the same length of term as public schools.



F
or students in grades
nine through
12
,

p
arent-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 the
ir
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, e
xcept 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:



P
rior
to each school year
, p
rovide 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
. H
owever, 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 nin
e
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 re
quired 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 t
he state or a local government or agency in this state
from
impos
ing
any rules, requirements, mandates, or guidelines regarding the curriculum, instructional materials, or educational methods used by parents or legal guardians for children being educated i
n
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 scho
ol, 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 comm
its 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 t
he student's parents or legal guardians
that have opted out
are exem
pt from th
e
state's compulsory school attendance, truancy intervention,
and
all other educational laws, rules, and requirements established by th
e
state or by a local government or agency in this state
.

This bill prohibits t
h
e
state or a local government
or agency in this state
from
requir
ing
a student being educated in
such
a home school
,
or the student's parent or legal guardian
,
to
(i) b
e administered, or to administer, any assessment, including, but not limited to, a state-mandated standardized test o
r assessment
; or (ii) s
ubmit or report any information or documentation regarding the home school student's attendance or education to th
e
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-
s
chooled child would otherwise attend. This bill a
dds 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 school
s 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
w
hich 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 conse
nt 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 e
nroll
ment
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 e
nroll
ment
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 t
he 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 th
e 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
30
th 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 t
he 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 confir
m
ed 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 stu
dent 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 sa
fety
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 reinsta
ted 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 e
very application for a driver license, in
struction 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
withdraw
ing
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 t
he department
of safety

from
assess
ing
a first-time applicant a reinstate
ment fee if
(i) t
he applicant is 18 or younger

and
(ii) t
he 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 i
ssuance 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
t
he department of safety
from
condition
ing
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 en
rollment as part of their application.

Current Bill Text

SENATE BILL 494
By Bowling

HOUSE BILL 552
By Warner

HB0552
002033
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 37;
Title 49; Title 50 and Title 55, relative to the Family
Right to Educational Emancipation (FREE) Act.

WHEREAS, the General Assembly recognizes the fundamental right of parents to direct
the education, upbringing, and care of their children; and
WHEREAS, the State acknowledges that parents have the primary role in determining
the educational path for their children, including the choice to educate their children at home
without interference or undue regulation from the State; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Family Right to Educational
Emancipation (FREE) Act."
SECTION 2. Tennessee Code Annotated, Section 49-6-3050(a), is amended by adding
the following as a new subdivision (4):
(4)
(A) In addition to home schools subject to the requirements of subsection
(b) and home schools operated under subdivision (a)(2) or (a)(3), a parent or
legal guardian may elect to educate their child at home without having to comply
with subsection (b). A home school conducted pursuant to this subdivision (a)(4)
is a separate and distinct type of home school.
(B) Parents and legal guardians have the right to direct the education of
their children, including, but not limited to, the right to choose whether their child's
education is received through a public school, private school, or home school. If
a parent or legal guardian elects to conduct a home school pursuant to this

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subdivision (a)(4), then neither the state nor a local government or agency in this
state 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.
(C) The state and all local governments and agencies in this state shall
recognize home schools operated pursuant to this subdivision (a)(4) as a distinct
and separate category of parent-led education that is unrelated to public and
private schooling options.
(D) Notwithstanding this title or another law to the contrary, students
being educated in a home school operated pursuant to this subdivision (a)(4) and
the student's parents or legal guardians 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, except for a rule or requirement established for such home schools in
this subdivision (a)(4).
(E) The state or a local government or agency in this state shall not
require a student being educated in a home school operated pursuant to this
subdivision (a)(4) 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.
(F) The state or a local governmental or agency in this state shall not
impose any rules, requirements, mandates, or guidelines regarding the

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curriculum, instructional materials, or educational methods used by parents or
legal guardians for children being educated in a home school conducted
pursuant to this subdivision (a)(4).
SECTION 3. Tennessee Code Annotated, Section 49-6-3001(c)(1), is amended by
deleting the first sentence of the subdivision and substituting instead the following:
Every parent, guardian, or other legal custodian residing in this state who has
control or charge of a child or children between six (6) and seventeen (17) years of age,
both inclusive, and who has not elected to home school the child or children in
accordance with § 49-6-3050(a)(4), shall cause the child or children to attend a public
school, private school, or church-related school and, in the event of their failure to do so,
is subject to the penalties provided in this part.
SECTION 4. Tennessee Code Annotated, Section 49-6-3001(c)(2), is amended by
adding the following as a new subdivision:
(E) Is between six (6) years of age and seventeen (17) years of age, both
inclusive, and whose parent or legal guardian has elected to educate their child at home
in a home school conducted pursuant to § 49-6-3050(a)(4).
SECTION 5. Tennessee Code Annotated, Section 50-5-102(4), is amended by deleting
the word "and" and adding the following language at the end of the subdivision:
and with respect to a home school conducted by a parent or legal guardian
pursuant to § 49-6-3050(a)(4), the "director of schools" means the home school
student's parent or legal guardian;
SECTION 6. Tennessee Code Annotated, Section 50-5-105(c), is amended by adding
the following language at the end of the subsection:
This subsection (c) does not require the parent or legal guardian of a student
who is being educated in a home school conducted pursuant to § 49-6-

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3050(a)(4) 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 the hours identified in subdivision (b)(1).
SECTION 7. Tennessee Code Annotated, Section 49-6-3005, is amended by adding
the following as a new subsection:
(e) Notwithstanding this section or another law to the contrary, children between
six (6) and seventeen (17) years of age, both inclusive, who are being educated by the
child's parent or legal guardian in a home school conducted pursuant to § 49-6-
3050(a)(4), are exempt from the state's compulsory school attendance, truancy
intervention, and all other educational laws, rules, and requirements.
SECTION 8. Tennessee Code Annotated, Section 49-6-3007, is amended by adding
the following as a new subsection:
(i) Notwithstanding this section or another law to the contrary:
(1) Children between six (6) and seventeen (17) years of age, both
inclusive, who are being educated by the child's parent or legal guardian in a
home school conducted pursuant to § 49-6-3050(a)(4), are exempt from the
state's compulsory school attendance, truancy intervention, and all other
educational laws, rules, and requirements; and
(2) The state or a local government or agency in this state shall not
require a student being educated in a home school conducted pursuant to § 49-
6-3050(a)(4) or the student's parent or legal guardian to 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.

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SECTION 9. Tennessee Code Annotated, Section 49-6-3008, is amended by adding
the following as a new subsection:
(d) Notwithstanding this section or another law to the contrary:
(1) Children between six (6) and seventeen (17) years of age, both
inclusive, who are being educated by the child's parent or legal guardian in a
home school conducted pursuant to § 49-6-3050(a)(4), are exempt from the
state's compulsory school attendance, truancy intervention, and all other
educational laws, rules, and requirements; and
(2) The state or a local government or agency in this state shall not
require a student being educated in a home school conducted pursuant to § 49-
6-3050(a)(4) or the student's parent or legal guardian to 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.
SECTION 10. Tennessee Code Annotated, Section 49-6-3009, is amended by adding
the following as a new subsection:
(n) Notwithstanding this section or another law to the contrary:
(1) Children between six (6) and seventeen (17) years of age, both
inclusive, who are being educated by the child's parent or legal guardian in a
home school conducted pursuant to § 49-6-3050(a)(4), are exempt from the
state's compulsory school attendance, truancy intervention, and all other
educational laws, rules, and requirements; and
(2) The state or a local government or agency in this state shall not
require a student being educated in a home school conducted pursuant to § 49-
6-3050(a)(4) or the student's parent or legal guardian to submit or report any

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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.
SECTION 11. Tennessee Code Annotated, Section 49-6-3017, is amended by deleting
the section and substituting instead the following:
The department of safety shall not condition the issuance of a driver license or
learner's permit, as those terms are defined in § 55-50-102, 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.
SECTION 12. Tennessee Code Annotated, Section 55-50-303(a), is amended by
deleting subdivision (8).
SECTION 13. Tennessee Code Annotated, Section 55-50-321(c), is amended by
deleting subdivision (2) and substituting instead the following:
(2) The department shall not assess a first-time applicant a reinstatement fee if:
(A) The applicant is eighteen (18) years of age or younger; and
(B) 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.
SECTION 14. Tennessee Code Annotated, Section 55-50-339, is amended by deleting
the section.
SECTION 15. Tennessee Code Annotated, Section 55-50-502(a)(1), is amended by
deleting subdivision (J).
SECTION 16. Tennessee Code Annotated, Title 55, Chapter 50, Part 5, is amended by
deleting Sections 55-50-508 – 55-50-512.
SECTION 17. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that

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can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 18. This act takes effect July 1, 2025, the public welfare requiring it.