Explaining Truancy for Tennessean Families

One common trend I’ve noticed recently in working with families and parents is their focus on education. Both for themselves and their children. Often, parents ask me about their children’s educational needs in various contexts. From arranging transportation schedules with co-parents to differences in opinions regarding public vs. private education. I hear it all, and it is apparent that more often than not, parents truly just want the best for their children. This warms my heart and motivates me to continue my work in educating and advising families on what the law is, and what their legal options are, and make the most appropriate recommendations.

However, one common issue that comes up that most families seem to be either unaware or unsure about navigating is the issue of TRUANCY.

Many people come to me with the same questions: what is truancy? when is a child considered to be truant? do I need a lawyer for this matter?

So I thought I’d write a quick blog post as a simple truancy explainer for Tennessean families.

To begin, every child is required to attend school in Tennessee, and truancy by definition in Tennessee (Tenn. Code Ann. § 49-6-3001, 3002) is when an adolescent (under the age of 18) is chronically absent. The amount of absences allowed varies throughout school districts and generally, schools have discretion to determine which absences are excused and which are not. Further, even if a child is habitually absent from school, the child is not truant unless those absences occur without the permission of the child's parent or legal guardian (Important Note for parents: this may mean more than just providing a simple note to the school of the excused event).

School attendance is important for many reasons. Truancy has been greatly associated with a risk factor for poor outcomes, such as academic failure, dropping out, unemployment/underemployment, and in some cases, criminal involvement. As a consequence of truancy, the student and their family may be subject to legal intervention, and parents are held legally responsible for ensuring their children are present in school. Tennessee truants are often required to attend a juvenile truancy court, known as a county attendance center. In the first hearing, students may be questioned on why they were absent and given a plan to improve their school attendance. If the attendance does not improve, the truancy court magistrate may order that the case is further examined, whether its student behavior or family circumstances. Consequently, parents may be subject to paying monetary fines, have the Department of Child Services evaluate your family with home visits, detention centers, and even programs to improve parenting techniques and child behaviors known as child and family service plans.

In this situation, it may be best to have an experienced juvenile/education lawyer on your side to work with schools on your behalf to prevent your child from becoming truant or to develop a plan to accommodate the child. If your child is considered truant and you would like some guidance on how to navigate truancy court, don’t hesitate to reach out for a consultation.

- Joe Kwon