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Parental‑rights constitutional resolution fails in K‑12 Subcommittee after tie vote

K-12 Subcommittee · March 17, 2026
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Summary

A proposal (HJR 92) to add a one‑sentence parental‑rights provision to the Tennessee Constitution was amended and debated in subcommittee; supporters called it a protection for homeschoolers while critics raised accountability concerns. The resolution failed on a 4–4 tie.

Representative Barrett introduced HJR 92 and offered an amendment (013325) that rewrote the measure into a single sentence stating "the state of Tennessee acknowledges that a parent has an inherent and inalienable right to direct the education of the parent's child, including but not limited to the right to educate their child at home at their sole discretion."

"It says the state of Tennessee acknowledges that a parent has an inherent and inalienable right to direct the education of the parent's child," Representative Barrett said after the amendment was adopted by voice vote. Barrett said the intent was to "secure the right of parents" and to prevent future legislatures or administrations from infringing on those decisions; he noted the measure is a first step in a long process that would end with a public vote.

Several committee members pressed the sponsor on possible downstream consequences. Representative McKinsey asked what would happen if a homeschooled student was "3 to 4 to 5 grades behind," saying she feared embedding a right in the constitution could limit accountability. Representative Reeves and others likewise cautioned that amending the constitution requires careful consideration of unintended effects.

After discussion the clerk reported a 4–4 roll call; the chair announced, "With that, HJR 92 does fail to pass." The subcommittee did not adopt the resolution; no further action was taken at that meeting.