THEA sponsors a TN Home School Debate Tournament in conjunction with the
National Home School Debate Tournament.
Conferences are held annually by the larger chapters, bringing nationally
recognized speakers to encourage & inform home schoolers. Curriculum Fairs are
hosted by each of our seven chapters to allow home schoolers to view & select
curriculum. These annual events insure that home educators are kept abreast of the
latest books & resources available. Workshops are held to further inform parents on
educational techniques & curriculum application. Graduation Ceremonies, Teachers
Workshops, Science Fairs, Field Days, & Field Trips are a few of the other services
provided by our chapters. In addition, most of the local areas are further subdivided
into numerous Support Groups led by veteran home schoolers. These support group leaders
coordinate activities & are available to answer questions, offer advice, &
encourage the home schoolers in their groups. Also our chapters each publish a monthly
newsletter to keep home schoolers apprized of the events in their locale.
"The Battle Five Families Fought to Win Our Freedom to Homeschool
in Tennessee"
By Claiborne & Lana Thornton
In the Fall of 1981, declaring their home school a private school, Charles
and Susan Moffat of Etowah, Tennessee began home educating their daughter, Holly. In
January 1982, warrants were issued for their arrest, criminally indicting them under the
criminal provisions of the Tennessee Compulsory Attendance Law. They were charged with
truancy and fined $100.00 for every day they did not comply with the law. For two years
their case crept slowly through the McMinn County Court system. Then on June 5, 1984, in
a precedent-setting ruling, Judge Bebb of the Criminal Court of McMinn County dismissed
the charges against them and struck down Tennessee's Compulsory Attendance Law by ruling
it "unconstitutionally vague" such that parents could not realistically determine what
constituted a legal private school.
Tom and Eve Finlin of the small town of Chuckey in Greene County in
northeast Tennessee began home schooling their children, Tony and Honey, in 1982, using
Christian Liberty Academy. In December 1983, the Greene County Board of Education
charged them with truancy and declared that their children were "dependent and
neglected". These are frightening charges because children so charged can be taken from
their homes and parents by the state and put in foster care. The Finlins were told the
charges would be dropped once they enrolled their children in the Greene County public
school. They refused to stop home educating. Thankfully, in trial before Chancellor
William Inman the charges against them were dismissed!
In January 1983, Ron and Diana Powell of McMinnville in southern Middle
Tennessee withdrew their sons, Richard and Jesse, from their local Christian school to
begin home schooling. For two months they home schooled in peace, but in March 1983,
they received a phone call from the Warren County Jail telling them to come pick up
their arrest warrants. Criminally charged with violating Tennessee Compulsory Attendance
Law and charged $250 bond to stay out of jail, they appeared in court two weeks later.
The Judge refused to decide a verdict choosing instead to wait until the Tennessee state
legislature determined the legality of home schooling.
Dan and Laurie Sain of Bradyville, a small town in Coffee County in
southern middle Tennessee began home schooling their five children, Franklin, Melanie,
Joseph, Jason and Alison, in the early 80's. Laurie has her Master's degree in Special
Education and holds a Tennessee teacher's certificate. Their children's test scores
proved the children were on track academically and their home school was working, but
the Coffee County School Board did not agree. The Sains were told home schooling was not
allowed in their home, but in a separate building it would be permissible! So, since Dan
is in the construction business, he and his sons build a one-room school building in one
week's time!
But the Coffee County School Board changed their mind and voted to
criminally prosecute them under the Compulsory Attendance Law. They were arrested and
required to post bond of $1000! Then on June 25, 1984, Judge Ewell of the Coffee County
Circuit Court ruled that home instruction complies with Tennessee Compulsory Attendance
Law and, in agreement with the ruling in the Moffat case, that Tennessee's Compulsory
Attendance Law was unconstitutionally vague. The Judge also dismissed the criminal
charges against the Sains.
All of Dan and Laurie's children eventually returned to public school. In
June 1988, at the oldest's, Franklin's high school graduation, the Coffee County School
Board member whose vote led to the Sain's prosecution, asked Dan and Laurie to please
forgive him for he now realized he had made a mistake!
Finally, we want to tell you about Steve and Debbie Cooper and their three
children, Stephanie, Jennifer and Cory, who in 1984 were in their second year of home
schooling in Chattanooga. The subpoena for Steve and Debbie's arrest was left on their
front door step while they were out of town. Using A.C.E. curriculum, the Cooper's felt
confident to represent themselves in court, explaining their Christian convictions for
home schooling and showing the Judge their materials.
They appeared in Hamilton County Juvenile Court facing charges of child
abuse and neglect based on truancy. Lectured by Judge Dixie Smith before he convened
court, shaming them for appearing in his courtroom without a lawyer, he verbally
condemned them for the terrible damage they were inflicting on their children by home
educating.
Because of financial constraints, the Coopers determined they must accept a
court-appointed attorney who was to use a brief prepared by A.C.E. for their defense.
However, three different court-appointed lawyers informed them that Steve's job with TVA
provided them enough income to pay an attorney. Judge Smith then determined, against
their wishes, that a separate court-appointed attorney would represent their
children.
The children's attorney demanded to question the children without either
parent present. Steve and Debbie refused. When they next appeared before Judge Smith, he
asked the attorney if she had interviewed the children. The attorney answered, "No".
Judge Smith halted the courtroom proceedings and ordered the attorney to question the
children without the parents. The attorney's questions were not those of one working in
the children's defense, but those of a prosecuting attorney. They included, "Are you
allowed to have friends?" and "Are you allowed to play?".
Tragically, this precious Christian family was declared GUILTY of child
abuse and neglect based on the truancy charge for home schooling. They lived in fear of
arrest and made plans to take their children out of state so that Stephanie, Jennifer
and Cory would not be taken from them and put in foster care. Their case was appealed to
the next higher court. This Judge refused to hear the case, declaring they could wait
until the state legislature passed a new Compulsory Attendance Law or they could appeal
to the State Supreme Court. They wisely decided not to appeal but wait for the new
Compulsory Attendance Law. They did have over $20,000 in legal fees they could not pay.
Yet they give God praise for His care in sustaining, protecting and comforting them
through such a tumultuous, traumatic time.
Like dozen of other families, the Coopers worked and lobbied for the
passage of the best possible law for home schoolers. On September 21, 1984, Debbie
Cooper gave a very moving testimony describing their family's legal struggle before our
State Legislature's Joint Senate/House Study Committee investigating home schooling in
Tennessee. This Joint Study Committee was charged with the responsibility of making a
report with recommendations on compulsory attendance, including private and home
schooling, to the full legislature by February 1985. In May 1985 then-Governor Lamar
Alexander signed the new law that made home schooling clearly legal in Tennessee. We can
now home educate without threat of prosecution as these five families faced. Never take
for granted that their courage and over-coming faith laid a foundation on which your
freedom to home educate firmly rests.
With their cases in the forefront, THEA was formed in Nashville in January
1984 at the first state-wide home school meeting. At that event, Dr. Raymond Moore
simply said, "You can either band together or they will pick you off one at a time." So
we banded together and now twenty-five years later, God has given us success, growth and
vibrancy beyond our greatest dreams and prayers! To Him be the glory!