Understanding your state’s compulsory attendance laws and truancy laws is an important part of planning your child’s education.  Each state has their own legal requirements–and potential ramifications– when those laws are not followed. Navigating the legal side of your child’s education can feel intimidating– that is why Defending Education is here to help! 

Compulsory Attendance Laws

Every state has its own compulsory attendance laws. These lawsare state regulations, ensuringparents or guardians enroll their children in an approved school or equivalent education program within a certain age range. Essentially, these laws make school attendance mandatory. For example, the state of Tennessee requires parents to have their children enrolled in a school or educational program from ages of 6-17. A parent can choose to send their child to their local public school, private school, or even homeschool. 

Failure to comply with your state’s compulsory attendance laws could result in truancy and/or other penalties outlined in your state’s truancy laws. 

It is important to note that compulsory attendance laws do not require your children to be enrolled in a traditional school setting like private or public schools. If you are considering other schooling options, learn to be knowledgeable about your state’s compulsory attendance laws. 

Truancy Laws

Similar to compulsory attendance laws, every state has its own truancy laws. Truancy laws require school-aged children to attend classes regularly in order to avoid chronic absenteeism. Noncompliance can result in legal consequences for parents or guardians, including state interventions, fines, criminal charges, withdrawal restrictions, or even referrals to juvenile court. For example, in California, a student can be classified as truant if he or she has three or more days of unexcused absences or, if that student is tardy/absent for 30 minutes or more. 

If you plan on pulling your child from his or her current educational setting into a new one (for example, public school to homeschooling or vice versa), it is especially important to understand your state’s truancy laws to avoid any issues.

With both compulsory attendance laws and truancy laws, your local school district will not have control over the laws. However, they can–and will–provide support. 

Questions to ask your school:

-What qualifies as an excused absence? 

-What happens if my child exceeds the permitted number of excused absences?

-How should I inform you about my child’s absence?

-What is the process to unenroll my child from a public/private/charter school?

-What is the process to enroll my child into public school?

-At what age must I enroll my child into a school?

-Is preschool or kindergarten required in my state?