Under the “compulsory education” laws in Tennessee, children must regularly attend school from the time they’re 6 years old until they turn 18. There are exceptions, and some students may legally drop out early. Tennessee schools have intervention programs for students who have too many unexcused absences. And their parents could be charged with a misdemeanor.
Below is a summary of Tennessee’s laws on school attendance, absences, and the responses to truancy. (Because states can change their laws at any time, it’s always a good idea to check the current statute using this search tool.)
When Are Absences Excused?
Tennessee largely leaves it up to local school districts to decide which reasons for missing school will be considered excused or unexcused absences. The state specifically allows schools to excuse absences for religious instruction (for no more than one class period each school day) and participation in extracurricular activities that aren’t sponsored by the school. In addition, state law requires schools to allow absences related to a parent’s military deployment—for instance, to spend time with a parent who’s on leave or has just returned from combat.
Children don’t have to attend school at all if they have physical or mental disabilities that prevent them from doing school work. (Tenn. Code §§ 49-2-130, 49-6-3005, 49-6-3019, 49-6-3022 (2019).)
Legal Consequences for Truant Students
Tennessee requires schools to have a multistage intervention program designed to address truancy problems. The first stage of intervention starts when a student has been been absent without a valid excuse for five days in an academic year. Among other things, the student and parents will attend a conference with school officials, be required to sign an attendance contract, and attend follow-up meetings. If the problems continue, interventions will ramp up to include things like Saturday courses, community services, and teen court (but not suspensions).
If the intervention plan isn't successful and the student's parent isn't willing to cooperate with the plan, the school may report the truant to juvenile court, where the student could come under the court's jurisdiction as an "unruly child." In some local school districts, referral to the juvenile court is required when the plan isn't working.
In addition, schools will formally withdraw any students who’ve had 10 unexcused absences in a row (or a total of 15 during a single semester), which means they won’t be able to advance to the next grade. Teenagers who’ve been withdrawn from school will also have their driver’s license suspended or won’t be able to get one until they turn 18. (Tenn. Code §§ 37-1-132, 49-6-3007, 49-6-3009, 49-6-3017 (2019).)
Penalties for Parents of Truant Students
Because parents are legally responsible for sending their children to school, they could face misdemeanor charges for educational neglect. If they're found guilty, they could be fined and/or sent to jail—up to $50 and/or 30 days for each day the child skipped school. (Tenn. Code §§ 40-35-111, 49-6-3009 (2019).)
Talking With a Lawyer
If your child has been referred to juvenile court over unexcused absences, consider speaking with a lawyer. An attorney experienced in education law or juvenile law should be able to explain the potential consequences and help protect your child’s rights. And if you’re facing criminal charges for not making your child attend school regularly, you should consult with a criminal defense lawyer as soon as possible.