Truancy Laws In Ohio: Do They Apply To 18-Year-Olds?

In Ohio, truancy laws apply to children between the ages of 6 and 18. Under Ohio's compulsory education laws, all children within this age group must attend school until they graduate high school. When students cut class, schools generally try to address the underlying problem, with juvenile court proceedings as a last resort. While the school will work with the parents to address the issue, parents who don't or can't make their kids attend school could face fines or even lose custody of their children.

Truancy laws in Ohio: what counts as a valid excuse?

In Ohio, habitual truancy is defined as missing 30 or more consecutive hours, 42 or more hours within one school month, or 72 or more hours in a school year without a valid excuse. Chronic absenteeism, on the other hand, refers to missing 10% or more of total school hours during the year for any reason, including excused and unexcused absences.

Valid excuses for truancy in Ohio include:

• A physical or mental condition that prevents the student from attending school or a special education program.
• Being homeschooled by a qualified teacher.
• Temporary periods where children over 14 are doing necessary work for their parents.
• Disciplinary suspension.
• Illness, including COVID-19 diagnosis or quarantine.

Schools are required to have handbooks outlining their specific attendance policies and valid excuses for absences. Additionally, Ohio state laws allow for students to be excused under certain circumstances, as mentioned above.

What are the consequences of truancy for 18-year-olds in Ohio?

In Ohio, individuals between the ages of 6 and 18 are subject to "compulsory education" laws, which require them to attend school until they graduate from high school. While the state prioritizes providing services and intervention strategies for students who skip school, those who are 18 years old and deemed habitually truant can face several consequences.

According to Ohio's laws, a student is considered a habitual truant when they accumulate unexcused absences of:

• 30 or more consecutive hours
• 42 or more hours within one school month
• 72 or more hours in a school year

Consequences of Truancy for 18-Year-Olds in Ohio:

The consequences for 18-year-olds who are deemed habitually truant in Ohio can include the following:

• Alternative Education Programs: Truant students may be required to complete alternative education programs, which could involve attending a different school or participating in a specialized program to address their absenteeism.
• Counseling and Social Services: Mandatory counseling or social services may be ordered for the student. This could include drug or alcohol treatment if substance abuse is deemed a contributing factor to their truancy.
• Loss of Driving Privileges: In Ohio, the Bureau of Motor Vehicles (BMV) will suspend a student's learner's permit or driver's license until they turn 18 or can demonstrate improved school attendance.
• Juvenile Court Supervision: If other interventions fail, the school may file a complaint with the juvenile court. As a result, the 18-year-old could be placed under court supervision as an "unruly child." This may lead to further requirements or restrictions to correct their truancy.
• Impact on Permanent Record: Truancy-related proceedings can become a part of an individual's permanent record, potentially affecting their future opportunities, including employment.
• Removal from Home: In severe cases, the court may order the removal of the individual from their home and place them in the foster care system or a group home.

It is important to note that these consequences can vary depending on the specific circumstances of each case and the discretion of the court. Additionally, the laws and policies regarding truancy may be subject to change over time.

What are the penalties for parents of truant 18-year-olds in Ohio?

In Ohio, all children between the ages of 6 and 18 must attend school until they graduate from high school. When students cut class, schools generally try to address the problem, with juvenile court as a last resort.

Parents of truant 18-year-olds in Ohio can face serious consequences, including criminal charges in adult court. If convicted, they may face fines and court costs, and a permanent criminal record that can affect their employment. They may also lose custody of their children.

If a child is deemed a habitual truant, the juvenile court may find their parents guilty of violating the law and fine them up to $500 or order them to perform community service. However, parents can avoid this penalty by proving that they tried but couldn't make their child return to school. In that case, the school will begin proceedings to bring the child under the juvenile court's supervision as a delinquent, unruly, or dependent minor.

Additionally, if a school requires parents to attend a parental education or training program as part of truancy intervention, and the parents fail to do so, they could face misdemeanor charges for parental neglect under Ohio Rev. Code § 2919.222 (2019).

If a child is habitually truant, Ohio Rev. Code § 3321.38 allows parents to be charged with the criminal offense of Contributing to the Unruliness or Delinquency of a Child. If found guilty, they may be convicted of a first-degree misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000.

Furthermore, Ohio Rev. Code § 3321.38 also allows parents of habitually truant children to be charged with Nonsupport of Dependents, or failure to provide adequate support. This is typically used to charge people who don't pay child support, but in the context of truancy, it can be considered a form of neglect. The penalties for nonsupport of dependents may include:

• First offense: A first-degree misdemeanor punishable by up to 180 days in jail and a fine of up to $1,000. A judge may appoint community supervision or probation for a first offense.
• Subsequent offenses: A fourth-degree felony punishable by 6 to 18 months of incarceration and a fine of up to $5,000 if the parent has prior felony convictions for nonsupport. It is a fifth-degree felony, punishable by 6 to 12 months in jail and a fine of up to $2,500, if the parent is found to have failed to support a dependent for 26 or more non-consecutive weeks.

What are the alternatives to juvenile court for 18-year-old truants in Ohio?

In Ohio, students aged 18 and over are legally considered adults and are therefore no longer subject to juvenile court proceedings for truancy. However, this does not mean that truancy is without consequences for 18-year-olds.

Under Ohio's "compulsory education" laws, all children between the ages of 6 and 18 must attend school until they graduate from high school. While schools generally try to address the underlying issues of truancy, 18-year-olds who are deemed truants may face alternative consequences, including:

• Loss of driving privileges: Students with a certain number of unexcused absences may lose their driving privileges. This is reported to the Bureau of Motor Vehicles by the school district, which can result in the suspension of a student's driver's license or learner's permit.
• Alternative education programs: Truant students may be required to complete alternative education programs to make up for missed school time and get back on track academically.
• Counseling and treatment: Mandatory counseling or drug and alcohol treatment may be ordered for students who are deemed truants.
• Placement in foster care: In some cases, truancy may result in a student being removed from their home and placed in the foster care system.
• Academic consequences: Truant students may face academic consequences within their school, such as lowered grades or course failures.
• Difficulty with future opportunities: Truancy can create a negative academic record that may impact future opportunities, such as college or job applications.

It is important to note that the consequences for truancy in Ohio can vary depending on the specific circumstances and the policies of the local school district. Additionally, while 18-year-olds may not face juvenile court proceedings, their parents may still face legal consequences if they are found to be contributing to their child's truancy.

How do I find an attorney for an 18-year-old facing truancy charges in Ohio?

In Ohio, truancy laws apply to children between the ages of 6 and 18. If an 18-year-old is facing truancy charges, it is important to seek legal counsel to understand the specific circumstances and options available. Here are some steps and considerations on how to find an attorney for an 18-year-old facing truancy charges in Ohio:

• Understanding Truancy Laws in Ohio: In Ohio, students aged 6-18 are required to attend school until they graduate from high school. Truancy laws consider a student as a habitual truant when they have unexcused absences of 30 hours in a row, 42 hours in a month, or 72 hours in a school year. It's important to understand these laws and the specific circumstances of the case to determine the best course of action.
• Seek an Attorney Specializing in School Law or Juvenile Law: If a complaint has been filed in juvenile court regarding truancy, it is essential to consult an attorney experienced in school law or juvenile law. They can advise on protecting the rights of the 18-year-old and explain the potential consequences.
• Contact Local Bar Associations: The Ohio State Bar Association or local county bar associations can be excellent resources for finding attorneys specializing in juvenile law or education law. These organizations often provide directories or referral services to help individuals find lawyers in their area.
• Consider a Juvenile Defense Lawyer: Truancy charges can result in juvenile criminal charges. Seeking help from a juvenile defense lawyer with experience handling truancy cases can be crucial. They can advocate for the child and work towards a favorable outcome that considers their future.
• Look for Free Consultations: Some law firms and attorneys offer free initial consultations. Taking advantage of these consultations can help you understand your options and make an informed decision about hiring an attorney.
• Online Resources: There are online resources, such as Lawyers.com and other legal websites, that provide information on finding attorneys in specific practice areas. These sites may offer search tools to locate lawyers specializing in school law or juvenile law in Ohio.
• Reviews and Recommendations: Consider seeking reviews and recommendations from individuals who have faced similar legal issues. Word-of-mouth referrals can provide insights into reputable and experienced attorneys in the area.

When choosing an attorney, it is essential to consider their experience, specialization, and success rate in handling truancy cases. Ensure that you feel comfortable with the attorney and that they are dedicated to protecting the rights of the 18-year-old facing truancy charges.

Frequently asked questions