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There is a companion House Bill: HB3149

SENATE BILL 2425
By Dixon, Kyle
(Mr. Dixon is a member of the Education Committee for the Senate]
(House Bill 3149  By Jones U (Shel) a member of the Education Committee [Also listed are: Bowers, DeBerry J, DeBerry L, Miller L

AMEND Senate Bill No. 2425 by deleting the language after the enacting clause in it's entirety and substituting, instead, the following:

SECTION 1. Tennessee Code Annotated, Section 49-6-3007, is amended by adding the following new subsection:

(h)(1)A local education agency may enter into an
agreement with its local law enforcement agency for the
purpose of enforcing compulsory attendance under this
section. If such an agreement is entered into, then it
shall be the duty of the principal or teacher of every
public, private, denominational or parochial school to
report promptly to the superintendent, or the
superintendent's designated representative, the names
of all children who have been absent two (2) days (this
means an aggregate of two (2) days during the school
year and not necessarily two (2) consecutive days)
without adequate excuse and shall continue to report
such subsequent absence without adequate excuse.

(h)(2) Such superintendent 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 unlawfully absent from
school, written notice that attendance of such children
at school is required, and of the provisions of this
subsection (h).

(h)(3) Under the provisions of such an agreement, and
for purposes of this section only, a student who has
been absent an aggregate three (3) days without
adequate excuse, may be deemed "truant".

(h)(4) The superintendent or superintendent's
representative may issue a list of such "truant"
students to the local law enforcement agency for the
purpose of allowing the law enforcement agency to take
such student into temporary custody when such student
is found away from the school premises during school
hours, in a public place, without adequate excuse,
unless accompanied by a parent, foster parent or legal
guardian. The agreement shall further specify that the
law enforcement officer's sole function shall be to
deliver the child to:

(h)(4)(A) The parent, foster parent, legal guardian, or
other person having control or custody of the child;
(h)(4)(B) The principal of the public, private,
denominational or parochial school in which the child
is enrolled;
(h)(4)(C) A truancy center established by the local
education agency;
or
(h)(4)(D) The juvenile court, if there has been a local
interagency agreement entered into by the juvenile
court and the local law enforcement agency.

(5) The powers conferred under such agreements may be
exercised without warrant and without subsequent legal
proceedings.

(6) the provisions of this subsection (h) shall not
apply to students enrolled in home schools in
accordance with the provisions of Section 49-6-3059.
[the 3059 is scratched through and 3050 which is the
correct number, is handwritten above]

(7) Local education agency officials shall be allowed
to release student record information to local law
enforcement agencies and to juvenile justice system
officials to assist such officials in effectively
serving the student whose record is released. Officials
and authorities receiving such information shall not
disclose the information to any other party without
prior written consent of the parent.
 

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

--end of Amended SB2425--
 

ORIGINAL SB2425
00943712
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Filed for intro on 01/20/2000
SENATE BILL 2425
By Dixon, Kyle

(Mr. Dixon is a member of the Education Committee for the Senate]
(House Bill 3149  By Jones U (Shel) a member of the Education Committee [Also listed are: Bowers, DeBerry J, DeBerry L, Miller L]

AN ACT to amend Tennessee Code Annotated, Title 49, Chapter
6, relative to school attendance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-6-3001, is amended by adding
the following as a new, appropriately designated subsection:
(d)(1) For purposes of this part:
(A) "Habitual truant" means any pupil in a public, private, or church-related
school subject to compulsory full-time education pursuant to Tennessee
Code Annotated, Section 49-6-3001, et seq., who is absent from school without
valid excuse five (5) days (meaning an aggregate of five (5) days during the
school year, and not necessarily five (5) consecutive days), without adequate
excuse.
(B) "Truant" means any pupil in a public, private or church-related
school subject to compulsory full-time education pursuant to Tennessee Code
Annotated, Section 49-6-3001 et seq., who is found during school hours without
valid excuse, unless accompanied by a parent or guardian or unless
accompanied, with the consent of a parent, foster parent, or guardian by a
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relative by blood or marriage who is at least eighteen (18) years of age, in a
public place, in any public or private conveyance, or in any place of business
open to the public.
(2) Law enforcement officers are authorized to take temporary custody of truants
in accordance with the following conditions:
(A) Every school attendance officer, sheriff, and police officer in
Tennessee is empowered to take into custody, as a law-enforcement officer, or
attendance officer, any child who is subject to compulsory full-time education
pursuant to this section, Tennessee Code Annotated, Section 49-6-3001 et seq.,
who is found during school hours without valid excuse, unless accompanied by a
parent, guardian, or unless accompanied, with the consent of a parent, foster
parent, or guardian by a relative by blood or marriage who is at least eighteen
(18) years of age, in a public place, in any public or private conveyance, or in any
place of business open to the public.
(B) When an officer takes a child into custody under this section, he shall
immediately deliver the child to either:
(i) The parent, guardian, or other person having control or
custody of the child if a child is not enrolled in any school;
(ii) The principal of the public, private or parochial school in which
the child is enrolled; or
(iii) A truancy center.
(C) For the purposes of this section "truancy center" means a facility or
site operated by a school division, sometimes jointly with the local law-enforcement
agency, and designated for receiving children who have been
retrieved by a law-enforcement officer or attendance officer for truancy from
school.

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(D) The powers conferred under this section may be exercised without
warrant and without subsequent legal proceedings.
(E) Any such law-enforcement officer or attendance officer shall not be
liable for any civil damages for any acts or omissions resulting from picking up or
delivering a child as provided in this section when such acts or omissions are
within the scope of employment of such law-enforcement officer or attendance
officer and are taken in good faith, unless such acts or omissions were the result
of gross negligence or willful misconduct. This section shall not be construed to
limit, withdraw, or overturn any defense or immunity already existing in statutory
or common law, or to affect any claim occurring prior to the effective date of this
law.
SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring
it.

--end--