Tennessee Founder Challenges Private School Regulations
The legal challenge could change instruction requirements and classroom structure for alternative schools across the state.
Updated on Oct. 30, 2026 in Homeschooling

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Tennessee private school founder Sarah Fagerburg has filed a lawsuit challenging state educational regulations that interfere with her school's operations. The legal battle centers on mandates that affect daily instruction requirements and the structure of classroom learning.
Why it matters
The outcome of this lawsuit could fundamentally shift how private and alternative educational models operate across the state, potentially easing restrictions for families seeking non-traditional schooling. It directly challenges the administrative oversight that currently dictates daily instruction timelines and classroom configurations.
Current regulations require 180 days of annual instruction and 6.5 hours of daily schooling, with a 50-student threshold triggering new architectural plan requirements. Fagerburg's school currently serves over 40 students.
The players
Sarah Fagerburg
The founder of a private school in Johnson City who is challenging state regulations after operating her program since 2024.
The Beacon Center of Tennessee
A public policy organization representing the plaintiff in her legal challenge against state educational mandates.
Tennessee State Board of Education
The state authority responsible for setting and enforcing regulations on instruction duration and classroom structure for schools.
State Fire Marshal's Office
The agency responsible for safety codes and building usage restrictions, currently limiting the school to the first floor.
The details
Fagerburg founded her school using the Acton Academy model, which utilizes mixed-age classrooms that are currently prohibited by state rules. The school, which operates in a church-owned building, also faces restrictions from the State Fire Marshal's Office that limit operations to the first floor. These combined factors currently dictate the school's capacity and educational delivery method, prompting the legal challenge to invalidate the state's regulatory oversight.
Timeline
2024: Fagerburg opened her school in her garage.
2026: The program was registered as a private school.
October 30, 2026: The lawsuit challenges these state regulations.
The Home Front
This lawsuit highlights the friction between rapidly growing alternative educational models and state oversight of private schooling standards. It illustrates how regulatory hurdles, such as building codes and instructional mandates, can impact the growth and operational flexibility of non-traditional schools.
Families exploring private or alternative schooling should review current state-mandated instructional requirements to understand potential limitations on school operations. Parents may also want to monitor the court proceedings in Washington County to see how potential regulatory changes could affect future enrollment availability.
The takeaway
This case underscores the challenges small, alternative schools face when navigating state-level instructional and building mandates. Families interested in these programs should verify that their school of choice maintains active registration with the state to ensure program eligibility and operational stability.
Further reading
For more on educational alternatives, visit our guide to Homeschooling.
Source note: This article includes information reported by Elizabethton Star.
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