Truancy laws vary from state to state, but in most cases, they apply to children between the ages of 6 and 17 or 18. These laws are designed to ensure that children receive a proper education and are not neglected, with the understanding that children are still developing and have different rights and obligations under the law than adults. Truancy is typically defined as an unexcused absence from school and can lead to serious legal consequences for both the student and their parents or guardians. In this context, it is important to understand whether 17-year-olds are considered minors under truancy laws and what specific regulations apply in different states.
Characteristics | Values |
---|---|
Applicable age range | 6-17 years old |
Applicable school type | Public school |
Applicable school year | Secondary school students: 1,056 hours per year; Elementary school students: 968 hours per year; Full-day kindergarten students: 900 hours per year; Half-day kindergarten students: 450 hours per year |
Applicable laws | C.R.S. § 22-33-104; Colorado School Attendance Law; Colorado Revised Statutes 22-33-104; Colorado Statute 22-33-107; Colorado Revised Statutes 22-33-102 and 22-33-108; Colorado School Attendance Act – Residence of Child (§22-1-102, C.R.S.); Colorado School Attendance Act – Compulsory School Attendance (§22-33-104, C.R.S.); Colorado Revised Statutes § 19-1-104, § 22-33-104 and § 22-33-107 |
Applicable exemptions | Temporarily ill or injured; Enrolled in an independent or parochial school; Absent due to physical, mental, or emotional disability; Suspended, expelled, or denied admission; Issued a school certificate or work permit; Being held in custody by the court or law enforcement; Pursuing a supervised work-study program; Already graduated from the 12th grade; Enrolled in a school with a legally-approved lesser number of days |
What You'll Learn
Truancy laws in Colorado
In Colorado, truancy laws apply to children between the ages of six and seventeen. These laws are designed to protect both parents and students from delinquency and abuse by encouraging regular school attendance and preventing patterns of absentness that could lead to legal problems.
The state's compulsory school attendance laws define truancy and set strict requirements to ensure children receive an education. Truancy refers to the deliberate skipping of school by a student without a valid excuse, resulting in unexcused absences. When a student is truant, schools typically address the issue through policies and meetings to address the underlying causes. However, if these measures fail, truancy can escalate into legal trouble, with both students and their parents facing penalties.
In Colorado, a student is considered habitually truant when they have four unexcused absences in one month or ten unexcused absences in a school year. At this point, the school district may initiate truancy proceedings, which can lead to involvement with Truancy Court. Truancy Court is overseen by a judge or magistrate within the juvenile court system, with the goal of preventing juvenile delinquency by prioritising school attendance.
During Truancy Court proceedings, the court may order an assessment to identify the underlying issues contributing to the student's absences. An individualized plan is then created to address the student's specific needs, which may include counselling, tutoring, or other supportive services. If the student fails to comply with the court's orders, further consequences may be imposed, such as community service, probation, or, in severe cases, juvenile detention.
Parents of habitually truant children in Colorado can also face consequences if found to be contributing to the truancy. These consequences can include court appearances, parenting classes, fines, community service, or even jail time in rare cases.
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Truancy as a status offence
Truancy is a status offence, meaning it is an offence due to the age of the offender. It is commonly identified as a status offence in state statutes, along with running away and ungovernability. Status offences are prohibited under the law because of a youth's status as a minor. While they are not serious offences, they can have serious consequences for young people. Nearly 100,000 young people are drawn into the juvenile justice system each year for status offences.
Truancy refers to the deliberate skipping of school by a student without a valid excuse or special order. When a student is truant, their absence is classified as unexcused by an attendance officer. Getting too many unexcused absences can lead to serious consequences. Each state defines truancy differently, with some defining it in terms of days missed per month or in a school year, and others using percentages such as missing more than one per cent of the past 120 days of school.
Schools typically have policies in place to address truancy, and excessive unexcused absences can result in a mandatory meeting. These meetings with school officials typically involve counselling or other measures to address the underlying issues causing the truancy. However, if these measures do not resolve the problem, truancy can escalate to legal trouble. Both the student and their parents may face penalties, which can include court appearances, fines, and in severe cases, incarceration.
The aim of addressing truancy is to ensure that students attend school regularly and receive the education they need. Truancy is strongly connected to failure in school, which in turn is strongly connected to delinquency. States have compulsory school attendance laws to protect both parents and students from delinquency and abuse. These laws establish strict attendance requirements to ensure that children receive a proper education and are not neglected.
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Truancy charges and juvenile court
Truancy laws vary across the United States, with each state defining truancy differently. In some states, a student is considered truant if they have more than two unexcused absences in a month or five in a school year. Other states use percentages, such as missing more than 1% of the previous 120 days of school. In Colorado, a student is deemed habitually truant if they have four unexcused absences in a month or ten in a school year.
Truancy charges generally mean the matter has been referred to juvenile court. Truancy is not considered a crime but a status offence, meaning it is an offence due to the age of the offender. Truancy charges can result in juvenile proceedings, but they do not typically allow for criminal detention or arrest.
When a child is absent from school without permission, the school will usually notify the child and their parent or guardian by phone, email, or mail. Repeated absences will often trigger a formal notification, such as a truancy letter. This 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 also request a meeting with school attendance officials to discuss what actions will be taken. If the student or parents fail to comply with the agreement, the school officials may refer the matter to social services or a juvenile prosecutor.
A truancy officer might send out the truancy letters or notifications. They 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 file notifications with the courts or child services if a parent is unwilling to take responsibility for the child's school attendance. Some states allow truancy officers to "arrest" a truant child, but only to bring them to school or back home.
A prosecutor, local or state agency, or truancy officer often files truancy charges (also called a petition) with the juvenile court. The court will then have jurisdiction over both the child and the parents or guardians.
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 attend school, and the parent's role in the matter. For example, the judge might order the child to be delivered to school by their parents every day, attend summer, online, or weekend classes, or undergo counselling or treatment. The judge could also take away a child's driver's license or delay licensing until the child turns 18.
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, attend individual or family counselling, 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.
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Truancy interventions and penalties
Truancy Interventions:
- Truancy Letter or Notification: When a child has unexcused absences, the school typically sends a notification to the child and their parents or guardians. This letter serves as a formal warning, informing them of their obligations to provide valid excuses for absences and the potential consequences of continued truancy.
- Meeting with School Officials: The truancy letter may require the parents or guardians to meet with school attendance officials to discuss the child's absences and develop a plan to improve attendance. This could include participating in a truancy intervention course or seeking counselling or other support services.
- Involvement of Truancy Officer: Some schools or local governments have truancy officers, also known as attendance officers, who track and enforce attendance violations. Truancy officers may send out notifications, visit the student's home to discuss the situation with parents, or file notifications with courts or child services if the issue persists.
- Referral to Social Services or Juvenile Court: If the student or parents fail to comply with the school's requirements, the school officials may refer the matter to social services or a juvenile prosecutor, leading to possible court involvement.
Truancy Penalties:
- Judicial Proceedings: Truancy cases may be referred to juvenile court, where a judge will review the student's attendance records, discuss the reasons for truancy, and determine appropriate consequences.
- Attendance Plan and Support Services: The court may order the creation of an individualized attendance plan for the student, which could include counselling, tutoring, mentoring, or other support services to address the underlying issues contributing to truancy.
- Consequences for the Child: The judge may order a range of consequences for the child, such as being delivered to school by their parents daily, attending additional classes, reporting to a truancy service center or officer, participating in community service, undergoing counselling or treatment, or submitting to drug or alcohol testing. The judge may also impose restrictions on the child's driver's license.
- Consequences for Parents: Parents or guardians may also face penalties if they are found to contribute to the truancy. These consequences can include court appearances, parenting classes or counselling, fines, community service, or, in rare and severe cases, even jail time.
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Legal defences against truancy charges
While the laws regarding truancy vary by state, there are some general legal defences that can be made against truancy charges. Truancy refers to a child being absent from school without providing a valid reason for their absence or without their absence being approved. A valid excuse is generally considered to be an absence due to illness, family emergency, ongoing treatment, or health-related appointments. Here are some potential legal defences against truancy charges:
- Sickness or unavoidable cause: If a child's absence is due to sickness or any other unavoidable cause, this can be a valid defence. This includes physical or mental health conditions that are supported by a doctor's note.
- Religious observance: If a child's absence falls on a day exclusively set apart for religious observance by the religious body to which their parent belongs, this can be a valid defence.
- Attendance at a private or parochial school: If the child attends a private or parochial school, this can be an exemption from public school attendance requirements.
- Preparation for high school equivalency exams: If the child is of a certain age, such as 17 years old, and is attending a course preparing them for a high school equivalency exam, this can be considered a valid excuse.
- Having already completed their education: If the child has already received their high school diploma or equivalency certification, they may be exempt from compulsory school attendance.
- Homelessness or residency away from the parent or guardian: If the child is homeless or has established a residency away from their parent or guardian, this can be considered a valid excuse for non-attendance.
- Other state-specific exemptions: Each state may have its own specific exemptions from compulsory school attendance laws. For example, in Colorado, a child is exempt if they are enrolled in an independent or parochial school for at least 172 days.
It is important to note that these defences may vary depending on the specific laws and regulations of the state and school district in question. If facing truancy charges, it is recommended to consult with a lawyer who specialises in juvenile or family law to understand the specific legal options and defences available.
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Frequently asked questions
Yes, truancy laws apply to students up to the age of 17.
Truancy is defined as an unexcused absence. Excused absences typically require parental permission and a valid reason, such as illness or a family emergency.
Schools usually have policies in place to address truancy, such as mandatory meetings with school officials. If these measures do not work, the issue may escalate to legal trouble, with both the student and their parents facing penalties, including court appearances, fines, and even incarceration.
In Colorado, students between the ages of 6 and 17 must attend public school for a predetermined number of hours each school year. A student is considered habitually truant if they have 4 unexcused absences in a month or 10 in a school year.
Receiving a truancy letter is serious and requires immediate attention. Contact the school to discuss the situation and address any errors in attendance records. Work with school officials to develop a plan to improve attendance and comply with any instructions provided.