Unexcused absences can trigger serious legal penalties. Learn how states' truancy laws work and what consequences are possible.
Every state enforces compulsory school attendance laws that require children to attend school regularly. When a student accumulates too many unexcused absences, they violate these laws and are considered truant. While missing a few days for illness or a family emergency may be perfectly acceptable, unexcused absences—like skipping class without permission—can trigger a cascade of legal and educational consequences for the child and parents.
What Is Truancy?
Each state has compulsory school attendance laws. These laws generally require children from age 6 to 18 to attend school and allow for only a limited number of absences. A child who has too many unexcused absences may be considered a truant under the law.
Unexcused Absences
Each state defines truancy differently. Some states define truancy in terms of days missed per month or in a school year. For instance, a law might consider a student truant if they have more than two unexcused absences in a single month or five unexcused absences during the school year. Some states use percentages, such as missing more than one percent of the past 120 days of school. Depending on the law, being late for class might be considered as an unexcused absence.
Excused Absences
Excused absences don’t typically count for truancy purposes. To be excused, the student typically needs parental permission and the absence must be for a permitted reason, such as illness, family emergency, ongoing treatment, or health-related appointments. However, a parent or guardian who repeatedly pulls a child from school for nonpermissible reasons could face truancy actions.
What Is a Truancy Letter or Notification?
When a child is absent from school without permission, the school will usually contact the child and their parent or guardian by phone, email, or mail to notify them of the absence. Repeated absences will often trigger a formal notification, such as a truancy letter. A truancy letter places the student and parent or guardian on notice of their obligations to provide timely excuses for absences and the consequences of failing to do so.
The letter might ask the parent or legal guardian to meet with school attendance officials to discuss what actions will be taken. For instance, school officials might direct the student and parents to participate in a truancy intervention course. If the student or parents fail to comply with the agreement, the school officials may refer the truancy matter to social services or a juvenile prosecutor.
Truancy Officers: Roles and Authority
In some cases, schools or local governments have truancy officers who track and enforce attendance violations. (Schools or states may call truancy officers by other names, such as attendance officers.)
What Powers Do Truancy Officers Have?
A truancy officer might send out the truancy letters or notifications described above. The officer could also go to the student’s home to inform the parents or discuss the situation with them.
In some states, a truancy officer might step in and file notifications with the courts or child services when a parent has been unable to get the child to go to school or is unwilling to take responsibility for the child’s school attendance.
Can Truancy Officers Arrest Kids?
Some states allow truancy officers to “arrest” a truant child but only for the limited purpose of bringing the child to school or back home. Truancy isn't a crime. While habitual truancy could result in a juvenile proceeding, it’s considered a status offense (one that can only be committed by a minor) that doesn’t generally allow for criminal detention or arrest.
What Are Truancy Charges?
Truancy charges generally mean the matter has been referred to juvenile court. Many states require notification to the parents and student and time for corrective action before the issue heads to court. Some laws call for an investigation or require other remedial action or services to be provided as well.
A prosecutor, local or state agency, or truancy officer often files truancy charges (also called a petition) with the juvenile court. At this stage, the court will have jurisdiction (authority) over both the child and the parents or guardians.
What Consequences Will a Truant Child Face?
Juvenile court judges have several options when it comes to truancy proceedings. The judge’s orders will vary depending on the reasons for the child’s truancy, the child’s willingness to go to school, and the parent’s role in the matter. For instance, the judge might order the child to:
- be delivered to school by their parents every day
- attend summer, online, or weekend classes
- report to a truancy service center to receive needed programming or interventions
- report to a truancy officer or probation officer
- participate in a community service project
- undergo counseling or treatment, or
- submit to drug or alcohol testing.
The judge could also take away a child’s driver’s license or delay licensing until the child turns 18.
Can Parents of a Truant Child Face Consequences?
The judge can also issue orders against the parents or guardians in a truancy matter. These orders might include requiring the parents to:
- deliver the child to school every day
- go to individual or family counseling, or
- attend parenting or anger management classes.
If the parents fail to take responsibility for the child’s supervision, the judge might order them to pay fines or refer the matter to adult criminal court. The proceedings could also result in removal proceedings if the parents are abusive or negligent.
Talk to a Lawyer
Truancy might seem like a minor matter, but it can snowball quickly and end up in court. Talk to a lawyer who has expertise in juvenile or family law if you have questions or need representation.
