5 things to know if you have to go to court for truancy
What exactly does truancy mean?
The term truancy refers to an unexcused absence at school. States enact laws, compulsory attendance laws, that determine the required age for a child to begin school, the legal dropout age and the number of unexcused absences for a minor to be considered “truant.” Note – this doesn’t have to be the entire school day. Ditching just one period but multiple times can result in truancy consequences.
When can truancy be referred to juvenile court?
First, we recommend reading your school’s student handbook about attending and truancy. You might be able to read the handbook on your school’s website. It should spell out the specific rules and the consequences for too many unexcused absences. You can also speak with the school’s attendance officer and/or principal about this.
Once the number of unexcused absences for a student reaches a certain number determined by the state’s compulsory attendance law and/or the school district’s rules and policies, school officials have the discretion to either deal with the student through school consequences like detention or even suspension or to refer the matter to juvenile court. School officials that make these referrals may include school truancy officers, teachers and principals.
Are all absences called in by a parent considered excused absences?
Not necessarily. The school district typically establishes acceptable reasons for an absence which will make it an excused absence. Again, refer to the student handbook as there should be some examples listed like illness, death of a loved one, a pre-approved family or educational vacation that results in missed days. Keep in mind that the school has discretion here. In some cases, absences have been considered unexcused even when a parent called it in or when the minor had a doctor’s note. If school officials believe and have some evidence that the student (and possibly the parent) are not being honest, they may consider the absences unexcused.
What’s going to happen when you go to court?
If this is your first time going to court for truancy, you may be placed in a diversion program and have to complete some community service, pay a fine and attend a class or counseling. Chronic truancy may result in having to repeat a grade. In some states or counties, the court gets the parents involved and requires them to complete parenting classes, attend support groups, etc.
Can parents be held responsible for their kids’ truancy?
Yes! Please remember this……yes, your parents can get in trouble for your time spent hanging out at the park, a friend’s house, the mall, etc. during school hours. Several states now have laws that hold parents accountable for their children’s truancy. The purpose of these laws is to force parents to play an active role in their kid’s education and to take truancy and attendance laws seriously. In the states that have such laws, parents may face fines and even jail time. Keep this in mind as you don’t want your parents to go to jail over your decision to ditch school.
Parents or guardians could contact the school’s attendance officer or principal to discuss options when a minor is refusing to go to school.
Helpful links:
Compulsory attendance laws by state and the legal dropout age
Photo of classroom by Alamosbasement (Flickr)
people are saying there is something like detention?
Dear Isaiah: Each state has its own laws about truancy. So, you could be given as a consequence of ditching school, a period of time in “detention” by the school. If your state authorizes a detention period for truancy as a consequence if you go to court, then yes, it is something you may face either in court or from your school’s disciplinary process. It’s best to avoid this by having no unexcused absences. Good luck.
(This is information only – not legal advice).
My mom called me saying the school called her while she was at work, We have to go to court for my unexcused absencess during this pandemic. I admit I lost most of my motivation
to get out of bed and doing the same cycle during the first month of this school year, I barely missed school last year since I would wake up really early and walk to school and say hi to my friends. Now since this pandemic appeared, I barely see my friends anymore, I barely go out, and I just don’t feel the same. My attendance has really gone down the drain. This is my first time going ot court for anything. I am curious and a bit scared what will happen during the court session and after. Will I be okay?
Dear Madalyn: Juvenile courts across the country are dealing with truancy issues and students with excessive absences. There are both state laws and school rules regarding truancy. We suggest you explain yourself to the judge, probation officer or whoever you meet with when you go to court. Be honest about your feelings and reasons for so many unexcused absences. You may be given consequences including a brief period of probation, or some community service hours to complete by a certain date. Once you meet the terms you’re given, the case will be closed and you can move on with your life. Life for all of us has changed drastically this year. Everyone has made adjustments and many struggle with change. Just know that this new normal is temporary. Soon we’ll get back to our old lives with some modifications in order to remain safe and healthy. Be patient.
(This is information only – not legal advice).
Hi, I have been on a diversion program before in 8th grade and I am now a sophomore in high school and have had my court papers arrive for me to go to court for truancy. I am a very shy person and I have social anxiety so sometimes I have a hard time getting my self to go to class. What should I say to the judge to explain this. Also what disciplinary actions will I have to do?
Dear Ashton: We’re sorry to hear about your anxiety. When you go to court for the truancy incident, simply explain to the judge or hearing officer your situation. Your mom or dad can also back you up on this by explaining your history. As far as a consequence for the truancy, you can expect to be ordered to attend a class, complete some community service hours, or possibly pay a fine. Every state and individual courts handle truancy differently across the nation. Good luck.
(This is information only – not legal advice).
Do parents get a chance to defend their truancy case in court?
Dear Kellie: If the truancy incident ends up in court, where formal charges have been filed, yes they will have an opportunity to explain the situation and defend themselves. Usually truancy is handled through the school system and doesn’t become a matter for the courts. You can discuss this with the school district (attendance officer), or an attorney who practices school or juvenile law. Good luck.
(This is information only – not legal advice).
I have a 15 yr kid that suffers from ADHD and Bi-polar disorder. She was recently kicked out of high school and sent to alternative school. The committee at the ARD meeting made a bias statement stating in “their” opinion, this incident leading to her suspension was not emotionally derived. Now she is not doing well at the alternative program and possibly going to kick her out of there. What is my recourse as a parent? I’m so lost!
Dear Stephanie: We suggest you contact a counselor at the school she’s at or within the school district for advice as to her options in this situation. State law requires that she attend school and the district should be able to guide you and your daughter in furthering her education. Good luck.
(This is information only – not legal advice).
I am a mother of a 8 year old daughter in 3rd grade. We had a death in the family and have been gone since November 21st we live in Nebraska and out on the coast the burial was today and we are planning to come back next week the 13th. But the week after starts winter break and would be nice to just stay and be with our family during this time. She has been doing all her homework each week as the teacher sends it over email. Is this something I will have to worry about with the court with so many days missed. And what should I bring back as proof of a excused absence outside of obituary and such. Thanks
Dear Roxanne: First, we’re sorry for your family’s loss. There shouldn’t be a problem if you have notified the school of the family matter, and the reason your daughter is missing school. Arrangements can be made for her to stay up-to-date with homework, as you have mentioned. This isn’t something that would go to court, if you are in touch with her teacher and the front office about her absence. If they require some verification of the reason she’s gone, a copy of the obituary would be helpful, or the memorial card usually handed out at funeral services.
(This is information only – not legal advice).
Hello I am kind of in a pickle my parents kicked me out at 18 and I’ve been missing quite a bit of school because of trying to get a ride to school or because of housing situations. So I have to go to court because I’ve missed so many days wall my. Life problem help me get into less trouble. And if not will they even talk to my parents about it since I’m technically my own Guardian
Dear Colton: What happens depends on the court’s policy regarding truancy. Since you’re legally an adult, you can speak up for yourself and explain the challenges you’ve had getting to school. Your parents could back you up if the court allows it. Be honest with the court, explain your side of the situation, and this should work out in your favor, even if there’s a minor consequence for your actions. Good luck.
(This is information only – not legal advice).
Can i legally drop out of high school without my parents consent because when i go back to school i will be a 11th grader and i will be 17 years old soon on October 12th.
Dear Remington: Attendance at school differs in each state. If you google the name of your state and “compulsory attendance at school,” you’ll see the law that applies to you. Regardless of what’s required, getting as much education as possible will pay off in your future. We hope you give this a lot of thought before you make a decision. Good luck.
(This is information only – not legal advice).
Hi. I won’t say my name; I’d rather stay unknown. I’m a 13 year old kid that keeps skipping school, my mom thinks I might be mentally unstable, and my dad doesn’t really care. I also have to go see a therapist every few weeks, and I’m struggling to fight the urge to skip school, but it’s hard when my mom talks about how bad I am to others, making me…. pissed off, I guess. Is the problem with my parents or with me?
Dear Conflicted: You are not the problem, but you may be adding to your problems by skipping school and disobeying your parents. Since you mentioned a therapist, we suggest you talk about this with that person. Something is in the way of getting your education and enjoying the benefits of going to school. Is it bullying, personal hygiene, or your clothes? Whatever it is, it needs to be addressed so you can return to school and enjoy it. Don’t keep your personal issues to yourself. There is always someone you can talk with such as a counselor at school, your therapist, or other adult you trust. Good luck.
(This is information only, not legal advice).
Hello my name is Cristina….I have a problem that I need to solve…I have missed many days of schools and now have to go to court? My mom is upset and doesn’t know what to do…My question is do I have to pay any money for what I have done and would my mother have to face any problems during to this problem I have caused?
Dear Cristina: It is unlikely you’d be ordered to pay a fine, but it’s up to the court and it’s based on state laws that apply to truant children. When you go to court for this, the process will be explained to you. If you admit missing school, you could be ordered as a consequence to attend a class, or complete some community service. If the truancy continues, your mother could face a penalty since she is legally responsible for your education until you turn 18 or graduate from high school. Bottom line, no more unexcused absences! Good luck.
(This is information only – not legal advice).
Hello, I have a question.
My car was stolen the beginning of December and as a single mom life gets bad difficult when you have no way of going with two kids. I also got laid off because of no way of going. My son suffers from chronic migraines, and since I had no way to get him to the doctor, I’ve started using the Doctor on Demand where you pay $40 and the doctor comes to your home through video chat for your appointment. He then sends scripts to my pharmacy, and emails me the doctor excuse for however time he wants my son out. My sons school nurse emailed me today and told me if I do not sign the HIPAA form giving away my sons private medical files and history, that they will keep his excuses all unexcused which means ID go to jail! I responded that I have given them Doctor on Demands numbers to call and verify that my sons excuse was real, but that I don’t want to go against our beliefs and give out his private medical info. That they can ask me for any medical history or info they need. Is this legal for them to do? I’m a widowed, single mom just doing my best but wrong is wrong and if I go to jail, my kids have nobody here. Please help.
Dear Michelle: Askthejudge.info is an education website for and about teenagers and how the laws affect them. We do not provide legal advice to adults or teens. We suggest you speak with a lawyer who practices either school, education or health law. Some lawyers offer free initial consultations, so ask about this if you call one. Take a look at our Teen Help Network for lawyers where you live. Good luck.
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