HB 87

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                         State ef J etUtMsee
                               PUBLIC CHAPTER NO. 305
                                       SENATE BILL NO. 134
                   By Johnson, Bowling, Rose, Stevens, Walley, White, Yager
                                  Substituted for: House Bill No. 87
                                        By Slater, Davis, Grills
ANACT to amend Tennessee Code Annotated, Title 4 and Title 49, relative to education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
       SECTION 1. This act is known and may be cited as· "The Learning Pod Protection Act."
       SECTION 2. Tennessee Code Annotated, Title 49, Chapter 6, is amended by adding
Sections· 3-6 as a new part.
       SECTION 3.
       As used in this part:
                (1) "Learning pod" means a voluntary association of parents who are choosing to
       group their children together at various times or places to participate in, or enhance, their
       child's kindergarten through grade twelve (K-12) education, regardless of whether payment is
       made for any services provided to the children participating in the learning pod. A "learning
       pod" is not a nonpublic school as defined in § 49-6-3001 (c)(3);
               (2) "Operation of a learning pod" means the organization, facilitation, management,
       operation, or the educational activity of a learning pod in a facility, home, or other structure
       by the parents of children who are participating in the learning pod and any other individuals
       assisting those parents for purposes of the learning pod; and
              (3) "Parent" means the parent or guardian of a child who has not graduated from high
       school or reached twenty-two (22) years of age, whichever comes first.
       SECTION 4. The purpose of this. part is to allow parents to voluntarily participate in or
associate with learning pods to advance the parents' children's kindergarten through grade twelve
(K-12) education without being subject to regulation.
       SECTION 5.
                (a) The state, a local government, or an LEA shall not regulate or control a learning
       pod. Notwithstanding another law to the contrary, a learning pod is exempt from state and
       local regulation pertaining to education or educational facilities in this state, including, but not
       limited to: •  •   • '
                      ( 1) All provisions of this :title and state board of education •or department of
               education rules, policies, and guidelines, inclu~ing, but not limited to:
                                (A) Section 49-1-104 and any state board policy on special education
                      . caseload and class size standards, and any other law, rule, policy, or
                        guideline concerning class size standards, caseloads, and the number of
                        teachers required for certain numbers of students;
                             (B) Chapter 5, part 1 of this title, § 49-5-403, and rules of the state
                       board on educator licensure, and any other law, rule, policy, or guideline
SB 134
                        concerning licensure, endorsement, and certifications of teachers or other
                        staff;
                               (C) Section 49-5-413 and any other law, rule, policy, or guideline
                        concerning criminal history records checks of teachers, staff, or contractors
                        and their employees; and
                                (D) Rules of the state board on school facilities or any other law, rule,
                        policy, or guideline concerning school facilities;
                        (2) Local and state building or fire codes adopted pursuant to title 68, and any
                rules of the department of commerce and insurance, division of fire prevention, on fire
                prevention applicable to educational facilities. A facility, home, or other structure used
                by a learning pod must meet the building and fire safety standards for the building's
                primary use and must be equipped with smoke alarms or smoke detection system. If
                the facility, home, or other structure contains a fuel-burning appliance or has an
                attached garage, then carbon monoxide alarms must be installed in the facility, home,
                or structure; and
                        (3) Any other state or local statute, rule, or code that would not be applicable
                to a group, building, or facility but for the operation or presence of a learning pod. The
                presence of a learning pod does not constitute a change in occupancy.
                   (b) Notwithstanding another law to the contrary, a state, local, or LEA employee shall
         not initiate or conduct any site inspection or other investigation or visit of a property, building,
         facility, or location being used by a learning pod that would not have been initiated or made
         but for the operation or presence of a learning pod.
                (c) An LEA shall not take any action or otherwise discriminate against or distinguish a
         student or parent on the basis of their participation in a learning pod.
                (d) Notwithstanding another law to the contrary, a state agency, local government, or
         LEA shall not require a learning pod to register or otherwise report its existence or any
         information related to the operation or activities of the learning pod to the state agency, local
         government, or LEA.
                 (e) A child who participates in a learning pod satisfies the compulsory school
         attendance requirements applicable to the child pursuant to § 49-6-3001, if the child is
         enrolled in a public school, as defined in § 49-6-3001 (c)(3); a church-related school, as
         defined in § 49-50-801; or a private school, as defined in § 49-6-3001 (c)(3). If a child is not
         enrolled in a public school, church-related school, or private school, then the child's parent
         must comply with the requirements of § 49-6-3050(b) for the child's participation in a learning
         pod to satisfy compulsory school attendance requirements.
       SECTION 6. The following burdens of proof apply to administrative or judicial hearings or
other actions regarding this part:
                 (1) Questions regarding compliance with any law, rule, policy, guideline, or standard
         of this state, a local government, or an LEA, and questions regarding any other action taken
         with regard to this part, are judicial questions that must be determined without regard to any
         assertion of compliance or noncompliance with this part; and
                 (2) The state, a local government, or an LEA that adopted the law, rule, policy,
         guideline, or standard, or that took an action with regard to a learning pod, including the
         parents and students participating in a learning pod, is required to establish by clear and
         convincing evidence that the law, rule, policy, guideline, standard, or action:
                         (A) Does not unduly impede the freedom of parents or guardians to provide
                 care for, and supervision of, their children;
                         (B) Does not single out educational activities while similar gatherings of
                 children for recreational or social activities remain unregulated;
                         (C) Is narrowly tailored to protect the public health and safety; and
                         (D) Does not otherwise conflict with the requirements of this part.
         SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it.
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                 SENATE BILL NO.  134
PASSED:  Apri I 16, 2025
                       B~c.\..._ ~ ~,u..
                                  -   ~  RANDY Mc+LLY
                                          SPEAKER OF THE SENATE
                                      CAMERelr5EXTON, SPEAKER
                                      HOUSE OF REPRESENTATIVES
APPROVED this   r      day o f ~  2025
          ~t -       BILL LEE, GOVERNOR