Is It a Crime for a Kid to Refuse to Go to Class?
Parents may wish they could call in reinforcements to convince their children to do what they tell them. But would you actually call law enforcement on your own child as a last resort? Unfortunately, this may seem like the only choice for some parents when their kid refuses to get out of bed for school in the morning.
Despite what many people think, refusing to go to school is not a crime. The school will typically contact the parents if a child racks up excessive unexcused absences. If the parents refuse to work with the school to improve the child’s attendance, they may face criminal penalties. However, for the most part, nobody has the right to arrest a child for refusing to go to class.
Most school districts have truancy officers who oversee a child’s school attendance and step in when a student is habitually truant. They ensure that all students are accounted for and that the school contacts parents whose children refuse to attend school.
When Is an “Arrest” Not Really an Arrest?
Truancy officers do not have the power to arrest students or demand that the local police arrest them — at least not in the traditional sense. Truant officers in public and private schools can “arrest” or detain a student who has missed too many school days, but they cannot make a criminal arrest.
School officials can only arrest them in the sense that they can return them to school or their home. They can also request that social services get involved. They cannot take the student to jail. Sometimes, an attendance officer’s arrest may lead to juvenile proceedings. It depends on your state’s laws.
Some States Hold Parents of Truant Children Criminally Responsible
Even though children cannot go to jail for habitually missing school, that doesn’t mean parents are off the hook. Several states have laws that hold parents criminally responsible when their children miss too many days in a given school year.
Usually, the school notifies the juvenile courts that a parent or legal guardian allows their children to miss school.
The juvenile court judge may issue an order stating that the parents must do some or all of the following:
- Personally deliver their child to school every day
- Arrange for their child (or family) to go to counseling
- Take mandatory parenting classes
If the parent doesn’t comply with the court order, they may face fines and jail time. Violating this court order can also result in the parent facing criminal charges in adult court.
Truancy is a Status Offense — Nothing More!
The courts have consistently held that truancy is a status offense and nothing more. Essentially, if a police officer cannot arrest an adult for the same behavior, then it isn’t a crime.
Lawmakers (and the court) agree that school administrators and security officers can “arrest” students in the manner described above. However, the goal is to convince students to attend class, not punish them for refusing.
Even if public school officials have the right to detain or arrest students for skipping school, they don’t have the power to send them to jail or pursue criminal charges. Under the Juvenile Justice and Delinquency Prevention Act of 1974, school district agents aren’t supposed to arrest students for truancy. They are encouraged to convince the student to attend class or, if they refuse, to send them home or to see a school counselor.
Other States Penalize Parents
The courts have also emphasized that states like California have truancy laws to encourage education. The courts don't want these laws to be punitive. However, not all states treat truancy the same way.
In some states, parents face fines and jail time if their child habitually refuses to attend class. For example, in 2024, the court sentenced Tamarae LaRue, a single mother, to 15 days in jail after her 5-year-old missed 14 days in less than five months. The state Supreme Court affirmed the lower court’s findings, arguing that LaRue’s child’s school attendance record warranted the jail sentence.
Despite the strict truancy laws in states like Missouri and Maryland, lawmakers in several states are taking the opposite approach. For example, Pennsylvania and Texas decriminalized truancy in 2015, arguing that schools must work with families to improve students’ attendance.
A Local Attorney Can Help
If you or your child are facing legal consequences related to truancy, contact a local attorney as soon as possible to protect your rights and build a strong defense.
