§ 49-6-3017 — Minors withdrawn from secondary school - Denial of motor vehicle license or permit

(a) For purposes of this section: (1) Suspension or expulsion from school or confinement in a correctional institution is not a "circumstance beyond the control of the person"; (2) [Deleted by 2022 amendment.] (3) "Withdrawal" means more than ten (10) consecutive or fifteen (15) days total unexcused absences during a single semester. (b) In accordance with title 55, chapter 50, the department of safety shall deny a license or instruction permit for the operation of a motor vehicle to any person under eighteen (18) years of age who does not at the time of application for a driver license present a diploma or other certificate of graduation issued to the person from a secondary high school of this state or any other state, or documentation that the person is: (1) Enrolled in a course leading to a high school equivalency credential approved by the state board of education from a state-approved institution or organization, or has obtained a high school equivalency credential approved by the state board of education; (2) Enrolled in a secondary school of this state or any other state; or (3) Excused from such requirement due to circumstances beyond the applicant's control. (c) The attendance teacher or director of schools shall provide documentation of enrollment status on a form approved by the department of education to any student fifteen (15) years of age or older upon request, who is properly enrolled in a school under the jurisdiction of the official for presentation to the department of safety on application for or reinstatement of an instruction permit or license to operate a motor vehicle. Whenever a student fifteen (15) years of age or older withdraws from school, except as provided in subsection (d), the attendance teacher or director of schools shall notify the department of safety of such withdrawal. Within five (5) days of receipt of the notice, the department shall send notice to the licensee that the license will be suspended under title 55, chapter 50, on the thirtieth day following the date the notice was sent, unless documentation of compliance with this section is received by the department before that time. After having withdrawn from school for the first time for the purpose of this section, a student may not be considered as being in compliance with this section until the student returns to school or attains eighteen (18) years of age. For second or subsequent withdrawals, a student shall have all driving privileges suspended until the student attains eighteen (18) years of age. (d) Whenever the withdrawal from school of the student, the student's failure to enroll in a course leading to a high school equivalency credential approved by the state board of education or high school diploma is beyond the control of the student, or is for the purpose of transfer to another school as confirmed in writing by the student's parent or guardian, no notice shall be sent to the department to suspend the student's motor vehicle driver license. If the student is applying for a license, the attendance teacher or director of schools shall provide the student with documentation to present to the department of safety to excuse the student from this section. The school district director of schools, or the appropriate school official of any private secondary school, with the assistance of the attendance teacher and any other staff or school personnel, shall be the sole judge of whether withdrawal is due to circumstances beyond the control of the person. (e) [Deleted by 2022 amendment.] (f) [Deleted by 2022 amendment.] (g) By September 1 of each year, the department of safety shall report to the education committee of the senate and the education administration committee of the house of representatives the number of students whose driver licenses were suspended in accordance with this section and title 55, chapter 50 during the school year immediately preceding the report date. The department of safety shall also report the number of students whose licenses were reinstated during such school year after such students had their licenses suspended and the total number of licenses granted to students during the school year.

Legislative History

Amended by 2023 Tenn. Acts, ch. 114,s 29, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 114,s 28, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 878, Secs.s 1, s 2, s 3, s 4, s 5 eff. 4/14/2022. Amended by 2021 Tenn. Acts, ch. 493, Secs.s 26, s 27, s 28 eff. 5/25/2021. Amended by 2021 Tenn. Acts, ch. 64, s 88, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 103, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 182, s 49, eff. 4/17/2015. Acts 1990, ch. 819, § 1; 1994, ch. 860, § 1; 1995, ch. 156, § 1; 1996, ch. 763, §§ 1, 2, 6-8; 2000, ch. 878, § 1; 2001, ch. 235, § 1; 2012 , ch. 555, § 1.