Tennessee
New Truancy Law
On May 24, 2000, Governor Don Sundquist signed Senate Bill 2425 into law, establishing a procedure for taking truant public school students in Shelby County into custody. The new law authorizes the school district to provide the law enforcement agency with names of students having three or more unexcused absences.
These students may be taken into temporary custody if they are found without an adequate excuse away from school during school hours in a public place, in any public or private conveyance, or in any public place of business open to the public. Students accompanied by a parent, foster parent, or legal guardian may not be taken into custody. The law enforcement officer’s sole function is to deliver the child to the parent, to the principal of the public school, to a truancy center, or to the juvenile court.
This law does not apply to students enrolled in home schools or other non-public schools. Under S.B. 2425, only students who have been identified by the public school as being truant are subject to being taken into custody.
Despite the language limiting its application, there continues to be potential for abuse by police who may make an effort to determine if any child they see away from school during school hours is on the truancy list. HSLDA will monitor implementation of the new law and is prepared to defend any member family whose civil rights are violated.
The new law limits applies only to counties with populations of at least 800,000. Shelby County is the only county in Tennessee with such a population. — Dewitt T. Black
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