Receipt of input from neighborhood groups and other interested parties; and
At least one (1) public hearing on the proposed agreement prior to its adoption by the board.
The agreement must provide for:
Training teachers, principals, social workers, and other school personnel concerning truancy issues;
Training of involved law enforcement personnel in the truancy law, including categories of students to which the law does not apply, such as nonpublic school students or home school students; and
Safeguards to protect students from discriminatory or selective enforcement and to protect the civil rights of students and parents.
If an LEA enters into an agreement, then every public school principal or teacher employed by the LEA must report promptly to the director of schools, or the director's designated representative, the names of all students who accumulated five (5) days of unexcused absences and continue to report each subsequent unexcused absence. The five (5) days of unexcused absences need not be five (5) consecutive days of unexcused absences.
If a student accumulates five (5) days of unexcused absences, the director of schools shall serve, or cause to be served, upon the parent, guardian, or other person having control of the student written notice that the student's attendance at school is required. The notice must inform the parent, guardian, or other person having control of the student of this subsection (h).
Under the agreement, and for purposes of this section and § 37-1-102(b)(32)(A), a student who accumulates three (3) days of unexcused absences may be deemed habitually truant.
The director of schools or the director's representative may issue a list of truant students to the local law enforcement agency for the purpose of allowing the law enforcement agency to take the student into temporary custody when the student is found away from the school premises, without adequate excuse, during school hours, in a public place, in any public or private conveyance, or in any place of business open to the public, unless accompanied by a parent, guardian, or other person having control of the student. The agreement shall specify that the law enforcement officer's sole function is to deliver the student to:
The parent, guardian, or other person having control of the student;
The principal of the school in which the student is enrolled;
A truancy center established by the LEA; or
The juvenile court, if the juvenile court and the local law enforcement agency have entered into a local interagency agreement.
The powers conferred under such agreements may be exercised without warrant and without subsequent legal proceedings.
This subsection (h) does not apply to students enrolled in nonpublic schools, home schools under § 49-6-3050, or church-related schools under § 49-50-801.
Upon issuance of a standing order by the juvenile court, LEA officials shall be allowed to release student record information to local law enforcement agencies and to juvenile justice system officials to assist the officials in effectively serving the student whose record is released. Officials and authorities receiving the information shall not disclose the information to any other party without prior written consent of the parent. Release of a student record must comply with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), § 10-7-504, and other relevant state and federal privacy laws.
Structure 2021 Tennessee Code