Truancy Overview

Truancy is an offense that occurs when a student is absent from school without permission (unexcused absence). Truancy laws are designed to promote school attendance. In the United States, these laws, which set expectations for student attendance, exist at the state level. Truancy laws recognize that every school day is important for a student's learning. When students consistently miss school, their education often suffers.

This FindLaw article provides a brief overview of truancy and truancy laws.

Overview of Truancy in the United States

Truancy is also known as skipping school. All states define it as unexcused absences from school. “Unexcused" means the student has left school property without parental or school permission. However, all states require juveniles who are school-aged to attend all school days in the school year. This applies to home school programs, and private and public schools.

Defining School-Age

The school age of a juvenile varies from state to state, with most states requiring attendance either from six to 17 years of age or from age five to 18 years of age. There are a number of exceptions. Consider Pennsylvania, for example. In PA, the school age is between eight and 17 years of age. By contrast, in Illinois, the school age is between ages seven and 16 years of age. Truancy laws typically do not apply to students over 18. If they do not attend school, they are considered a dropout.

Defining Regular Attendance

Also, what states consider “regular" attendance can vary, based on state law. This usually involves a specified number of school days (or calendar days) in a calendar year. The laws typically specify a certain number of unexcused absences within a given period. For example, five unexcused absences within a semester are considered the threshold for truancy.

When to Apply Truancy Laws

Truancy laws outline the responsibilities of students, parents, and schools in ensuring a student's regular attendance. These laws apply during school hours and school-sponsored activities. These absences are not just limited to the school building. They apply both on and off school grounds. This includes extracurricular activities, school bus rides, and any event that is part of the school program. They also apply to any school function under the school staff's jurisdiction.

School Authorities and Truancy

The school principal and other school officials are crucial in managing attendance. School administrators enforce the school's attendance policy and the state's truancy laws. School personnel are often involved in tracking attendance. They must ensure that student behavior aligns with the expectations outlined in the school's code of conduct.

Schools follow specific procedures when a student crosses the truancy threshold. When a student misses too much school, a written notice is typically sent to the student’s parents. This notice details the student’s conduct, including absences and tardiness. If the issue continues, the student might receive a referral to school authorities. If sanctions are given, they are given under truancy rules and laws. Law enforcement can also be informed.

Consequences of Truancy

School discipline for truancy may involve various disciplinary measures. These might include after-school detention, in-school suspension, or even out-of-school suspension for repeated infractions. Disciplinary action is generally taken that aligns with the school board policy. The board of education develops this to guide school-based actions. School employees enforce these policies.

Some schools may involve students in an intervention plan. This can include counseling, alternative education programs, or even community service. Any disciplinary action must include due process, ensuring that the student’s rights are protected under federal law.

Special Cases in Truancy Laws

There are exceptions to truancy laws. For instance, excused absences are generally not counted as truancy. This might include situations like illness, family emergencies, or a death in the family. Special education students may have an IEP (individualized education program). In their IEP, they may have different student attendance requirements, depending on their specific needs.

In some cases, school authorities might grant an exemption. Exemptions usually require a formal process and approval from the school board or a designee staff member.

The Role of the Community in Truancy

Student well-being is the shared responsibility of the whole community. Community members play a crucial part in promoting quality education for every student. These members can include law enforcement, mental health providers, and substance abuse counselors.

School administrators can partner with local businesses and non-profit organizations to create supportive environments for students of all grade levels, from elementary to high school. These partnerships can provide after-school activities like tutoring programs (in subjects like English). Additional educational services can supplement the work done during school hours.

Moreover, community leaders can actively combat issues hindering student discipline. An example may be the misuse of controlled substances. By collaborating with law enforcement and substance abuse counselors, communities can offer preventive programs and provide resources to help students make healthier decisions.

The U.S. Department of Education and local school boards also work to ensure fair enrollment processes and advocate for adequate resources, which helps promote a fair learning environment for all students.

Promoting a Positive School Environment

Understanding truancy laws is key to promoting a positive school environment. School is a place where every student has the chance to learn and grow. Whether you're a student, a parent, a school official, or a community member, we all have a part to play in supporting regular school attendance and ensuring each student's well-being. Know your school district's attendance laws and rules.

Get Legal Help

If your minor child is facing truancy charges, you should speak to an education attorney. They are education law experts and can help protect your child’s due process rights, especially if they have been designated a truant. They can help you navigate the juvenile justice system and communicate with your student’s school and law enforcement agencies. Speak to an education attorney about your case today.