49-6-3015 - Blind children.
49-6-3015. Blind children.
(a) As used in this section, blind children means children who are totally blind, partially blind or whose vision is so impaired by reason of temporary or permanent trouble with their eyes as to render their study by methods ordinarily used by sighted children likely to cause further injury to their vision.
(b) Compulsory school attendance is required of all blind children between six (6) and seventeen (17) years of age, both inclusive.
(c) Blind children coming under this section have the option of attending:
(1) The regular schools for sighted children;
(2) Any private school or instructor teaching the course of study used in the public schools, or a course of study peculiarly adapted for the blind, and that has been approved by the commissioner; or
(3) The Tennessee School for the Blind.
(d) It is the duty of the local director of schools to certify to the department blind students in their schools who are not in regular attendance or who are not capable of making satisfactory progress under the methods used for the sighted.
(e) (1) Any director of schools may certify to the judge of the court having juvenile jurisdiction in that county the fact that any blind child enrolled in one of the director's schools is incapable of learning and progressing in a satisfactory manner in a school for the sighted and under methods ordinarily used for the training of the sighted.
(2) Upon certification, the judge may try the case and order the attendance of the child at the Tennessee School for the Blind during the regular term, summer vacation excepted, until the child has completed the course of study in the school or reached eighteen (18) years of age.
(3) Any party aggrieved by such assignment may appeal to the circuit court.
(f) Blind children shall be subject to the truancy laws in the same manner as sighted children, and attendance officers shall enforce their attendance at school in the same manner as is provided for other children; provided, that the authorities of the Tennessee School for the Blind shall have power to reject any child sent to that institution who is mentally or physically defective to the extent that the child is unable to carry on the prescribed work of the school or to benefit from prescribed work, and to expel or send home any child who becomes unmanageable and incorrigible when the child becomes a detriment to the welfare and progress of other students. Such action by the school authorities shall be reported within twenty (20) days to the juvenile judge of the child's home county.
(g) (1) Any parent, guardian or any other person having charge of any child coming under this section who makes a false statement concerning the age of the child, or the time that the child has attended such school, commits a Class C misdemeanor.
(2) Any parent, guardian or other person failing to comply with this section commits a Class C misdemeanor.
(3) Any fine imposed for violation of subdivision (g)(1) may be suspended and finally remitted by the court trying the case with or without payment of costs, in the discretion of the court, if the child is immediately placed in regular attendance in some approved school, and if that fact is proven subsequently to the satisfaction of the court by an attested certificate of attendance by the local director of schools or teacher of the school.
(h) If it is shown that any parent, guardian or other person having charge of any child embraced within this section is unable to compel the child to attend school, that person may thereupon be discharged from further liability, and the child shall be proceeded against as a delinquent child under title 37, chapter 1, part 1; provided, that no delinquent or incorrigible child, after being certified incorrigible by the juvenile court, can be sent to the Tennessee School for the Blind without consent of the authorities of that school.
(i) Any judge having juvenile jurisdiction is empowered to hear all cases coming within this section.
[Acts 1927, ch. 19, §§ 1-7; Code 1932, §§ 2443-2452; modified; Acts 1974, ch. 654, §§ 104-106; T.C.A. (orig. ed.), §§ 49-1729 49-1737; Acts 1989, ch. 591, § 113; 2006, ch. 755, §§ 1, 2.]