(a)  The public schools shall be free to all persons above the age of five (5) years, or who will become five (5) years of age on or before September 30, residing within the state. 

(b)

(c)

(1)  Every parent, guardian or other legal custodian residing within this state having control or charge of any child or children between six (6) years of age and seventeen (17) years of age, both inclusive, shall cause such child or children to attend public or non-public school, and in event of failure to do so, shall be subject to the penalties hereinafter provided. The LEA in which a transfer student seeks to enroll may require disclosure and copies of the student's records in accordance with the Family Education Rights and Privacy Act (20 U.S.C. § 1232g et seq.), including, but not limited to, disciplinary records from educational agencies where the student was previously enrolled. 

(2) The provisions of subdivision (c)(1) do not apply to any child who: 

(A) Has received a diploma or other certificate of graduation issued to the person from a secondary high school of this state or any other state; 

(B) Is enrolled and making satisfactory progress in a course leading to a general educational development certificate (GED) from a state-approved institution or organization, or who has obtained such certificate. Any institution or organization which enrolls a child who is under eighteen (18) years of age shall provide a report to the local board of education at least three (3) times each year relative to the progress of all such persons under eighteen (18) years of age. If the local board of education determines any child under eighteen (18) years of age is not making satisfactory progress, then such child shall be subject to the provisions of subdivision (c)(1); 

(C) Is six (6) years of age or younger and whose parent or guardian has filed a notice of intent to conduct a home school with the director of the LEA or with the director of a church-related school; or 

(D) A student enrolled in a home school who has reached seventeen (17) years of age.

(3) For the purposes of this part, "public school" and "non-public school" are defined as follows:

(A) "Non-public school" means a church-related school, home school or private school;

(i) "Church-related school" means a school as defined in § 49-50-801;

(ii) "Home school" means a school as defined in § 49-6-3050; and

(iii) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or which has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; and 

(B) "Public school" means any school operated by an LEA or by the state with public funds.

(4) A parent or guardian with any good and substantial reason as determined by such parent or other person having legal custody of a child, and agreed to by the respective local board of education, may withdraw such parent or other person's child from a public school; provided, that within thirty (30) days the parent or person having legal custody of the child places the child in a public school designated by such local board of education, or in a non-public school, as herein defined. 

(5) A parent or guardian who believes that such parent's or guardian's child is not ready to attend school at the designated age of mandatory attendance may make application to the principal of the public school which the child would attend for a one (1) semester or one (1) year deferral in required attendance.  Any such deferral shall be reported to the director of the LEA by the principal. 

(6) Notwithstanding any other law to the contrary, a person designated as a caregiver with the power of attorney for care of a minor child pursuant to title 34, chapter 6, part 3, shall have the right to enroll the minor child in the LEA serving the area where the caregiver resides. The LEA shall allow a caregiver with a properly executed power of attorney for care of a minor child, pursuant to title 34, chapter 6, part 3, to enroll the minor child, but may require documentation of the minor child's residence with a caregiver and/or documentation or other verification of the validity of the stated hardship prior to enrollment. If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school or health care provider that has been provided documentation of the power of attorney for care of a minor child. Except where limited by federal law, the caregiver shall be assigned the rights, duties and responsibilities that would otherwise be assigned to the parent, legal guardian or legal custodian pursuant to this title. If at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any educational decisions for the minor child, then the parent must revoke the power of attorney and provide the LEA written documentation of the revocation. 

[Acts 1925, ch. 115, § 19; Shan. Supp., § 1487a141; Code 1932, § 2472; Acts 1947, ch. 87, § 1; 1947, ch. 129, § 1; C. Supp. 1950, §§ 2383.1, 2442.1 (Williams, § 2472.1); Acts 1957, ch. 9, § 1; 1959, ch. 289, § 1; 1965, ch. 239, § 1; 1965, ch. 303, §§ 1, 2; 1968, ch. 417, §§ 1, 2; 1972, ch. 693, § 13; 1974, ch. 654, §§ 79-81; T.C.A. (orig. ed.), §§ 49-1701, 49-1702, 49-1708; Acts 1985, ch. 398, § 1; 1987, ch. 42, § 1; 1992, ch. 535, §§ 78, 81; 1997, ch. 329, § 1; 1997, ch. 392, §§ 1, 2, 5, 10; 1998, ch. 792, § 1; 2003, ch. 71, § 3.]

49-6-3005. Children excused from compulsory attendance.

(a)  The following classes of children between six (6) and seventeen (17) years of age, both inclusive, shall be temporarily excused from complying with the provisions of this part, the local board of education to be sole judge in all such cases involving children who are enrolled in a public school and, as to children enrolled in a non-public school, as defined by § 49-6-3001(c)(3)(A), the director of schools of the school to be the sole judge in all such cases: 

(1) Children mentally or physically incapacitated to perform school duties (such disability to be attested by a duly licensed physician in all cases); 

(2) Children who have completed high school and hold a high school diploma; 

(3) Children temporarily excused from attendance in school under rules and regulations promulgated by the state board of education, which rules and regulations shall not be in conflict with § 50-5-103, or any other law governing child labor in this state; 

(4) Children six (6) years of age or under whose parent or guardian have filed a notice of intent to conduct a home school as provided by § 49-6-3001 or who are conducting a home school as provided by § 49-6-3050; and 

(5) Children who have attained their seventeenth birthday and whose continued compulsory attendance, in the opinion of the board of education in charge of the school to which such children belong and are enrolled, results in detriment to good order and discipline and to the instruction of other students and is not of substantial benefit to such children. 

(b)  In all such cases, the board shall first obtain the recommendation in writing from the director of schools of the system and the principal of the school to which such child or children belong. 

(c)  No child who is refused attendance in a school nearer to such child's residence having equivalent grade levels and curriculum shall be required to attend public or non-public school as provided in § 49-6-3001. 

(d)  In addition to the categories of children specified in subsection (a), the local board of education may excuse children from attendance in accordance with guidelines developed by the state board of education for this purpose. The state board of education shall have the guidelines approved by the joint oversight committee on education before implementation. 

[Acts 1947, ch. 87, § 3; C. Supp. 1950, § 2442.3; Acts 1955, ch. 97, § 1; 1959, ch. 105, § 1; 1971, ch. 207, § 1; 1972, ch. 842, § 1; 1974, ch. 654, §§ 89, 90; T.C.A. (orig. ed.), §§ 49-1710, 49-1772; Acts 1985, ch. 398, § 2; 1990, ch. 948, § 24; 1992, ch. 535, §§ 79, 80; 1996, ch. 863, § 1; 1997, ch. 392, §§ 3, 6, 7.]

49-6-3007. Attendance and truancy reports - Enforcement of compulsory attendance.

(a)  On or before the beginning of the school term each year, the director of schools of each school district shall furnish to the principal teacher in each school, or cause to be furnished, through any duly elected attendance teacher, as herein provided, the names of children depending on their schools for instruction, together with the names of the parents or guardians of the children, the lists to be taken from the census enumeration on file in the office of the director of schools, or from any other available and reliable sources. 

(b)  It is the duty of every principal or teacher of a public school to report to the director of schools, immediately after the opening of school, the names of all children on the list furnished to the director of schools who have not appeared for enrollment. 

(c)  It is the duty of the principals and teachers of all schools, public, private, denominational or parochial, to report in writing to the director of schools of the system in which the school is located the names, ages and residences of all pupils in attendance at their schools and classes within thirty (30) days after the beginning of the school year, and to make such other reports of attendance in their schools or classes, including transfers of pupils, as may be required by rule or regulation of the local board of education and of the state board of education. Notwithstanding the provisions of subsection (g), the provisions of this subsection shall apply to any child less than six (6) years of age who is enrolled in any school to which the provisions of this subsection are applicable. 

(d)  All public, private and parochial schools shall keep daily reports of attendance, verified by the teacher making such record, which shall be open to inspection at all reasonable times, to the director of schools of the system in which the school is located or to the director of schools' duly authorized representative. Notwithstanding the provisions of subsection (g), the provisions of this subsection shall apply to any child less than six (6) years of age who is enrolled in any school to which the provisions of this subsection are applicable. 

(e)

(1)  It is the duty of the principal or teacher of every public, private or parochial school to report promptly to the director of schools, or the director of schools' designated representative, the names of all children who have withdrawn from school, or who have been absent five (5) days (this means an aggregate of five (5) days during the school year and not necessarily five (5) consecutive days) without adequate excuse. Each successive accumulation of five (5) unexcused absences by a student shall also be reported. 

(2) Such director of schools shall thereupon serve, or cause to be served, upon the parent, guardian or other person in Tennessee in parental relation to such children unlawfully absent from school, written notice that attendance of such children at school is required. A new notice shall be sent after each successive accumulation of five (5) unexcused absences. 

(3) If it appears that, within three (3) days after receipt of the notice, any child, parent, guardian or other person in parental relation has failed to comply with the provisions of this part, the director of schools, in the name of the local school system, shall report the facts of such unlawful attendance to the sheriff, constable, city police officer, district attorney general, or the foreman of the grand jury, who shall proceed against the parent, guardian or other person in parental relation in accordance with the provisions of this part, unless the parent, guardian or person having charge and control of the child shall at once place the child in some day school as aforementioned. 

(f)  The director of schools of any local school system, after written notice to the parent or guardian of a child, shall report any child who is habitually and unlawfully absent from school to the appropriate judge having juvenile jurisdiction in that county, each case to be dealt with in such manner as the judge may determine to be in the best interest of the child, consistent with the provisions of §§ 37-1-132, 37-1-168 and 37-1-169 and in the event the child is adjudicated to be unruly, the judge may assess a fine of up to fifty dollars ($50.00) or five (5) hours of community service, in the discretion of the judge, against the parents or legal guardians of children in kindergarten through grade twelve (K-12) if the child is absent more than five (5) days during any school year.

(g)  Except as otherwise provided by § 49-6-3001 or § 49-6-3005, the provisions of this section shall be applicable to children less than six (6) years of age and their parent, guardian, or other person in a parental relation when such parent, guardian, or other person in a parental relation has enrolled the child in any school which receives funding based on average daily membership; provided, that a child may be withdrawn within six (6) weeks of initial enrollment without penalty. 

(h)  For the purposes of this part, for recording and coding student absences from school because of disciplinary actions, the following definitions shall apply: 

[Acts 1947, ch. 87, §§ 11-13, 19; C. Supp. 1950, §§ 2442.11-2442.13, 2442.19; Acts 1974, ch. 654, §§ 94-97, 102; T.C.A. (orig. ed.), §§ 49-1716 - 49-1718, 49-1726; Acts 1994, ch. 756, § 1; 1994, ch. 910, §§ 1, 2; 1995, ch. 149, § 1; 1995, ch. 333, § 1; 1996, ch. 1035, §§ 1, 2; 1996, ch. 1079, § 144; 1997, ch. 392, §§ 4, 8; 2000, ch. 704, § 1; 2000, ch. 814, § 1; 2002, ch. 823, §§ 1, 2.]