HB3149 & SB2425

HB3149

HOUSE BILL 3149
By Jones U (Shel) Education Committee Member  [Also listed are: Bowers, DeBerry J, DeBerry L, Miller L]
(SENATE BILL 2425 By Dixon, and Education Committee Member and Kyle)
 

[The following is HA1185, an amendment to the legislation, which is below. Essentially they threw out the whole first version of the legislation and rewrote it. This time it amends TCA 49-6-3007 instead of 49-6-3001 as in the original. The original legislation follows this amended form.--KB]

AMEND HB 3149 (SB2425) by deleting the language after the enacting clause in its 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 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.

(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 at school is required, and of the provisions of this subsection (h).

(3) Under the provisions of such an agreement, and for purposes of this section and Tennessee Code Annotated, Section 37-1-102(b)(23)(A)(i),  a student who has been absent an aggregate three (3) days without adequate excuse, may be deemed habitually truant.

(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, in any public or private conveyance, or in any public place of business open to the public, 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:

(A) The parent, foster parent, legal guardian, or other person having control or custody of the child;
(B) The principal of the school  in which the child is enrolled;
(C) A truancy center established by the local education agency; or
(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 or non-public schools in accordance with the provisions of Sections 49-6-3050 or 49-50-801.

(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.

(8) The provisions of this sub-section (h) shall apply only in counties with a charter form of government and populations of eight hundred thousand (800,000)* or more, according to the 1990 federal census or any subsequent federal census

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

--end of Amended HB3149--
The Senate version says "400,000"

HB3149 as originally filed

Filed for intro on 02/02/2000

HOUSE BILL 3149
By Jones U (Shel) Education Committee Member  [Also listed are: Bowers, DeBerry J, DeBerry L, Miller L] [These links will take you to their respective web pages for contact information]
(SENATE BILL 2425 By Dixon, and Education Committee Member and  Kyle)

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 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.

(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.

SB2425

--end--