Juvenile Justice: TRUANCY STATE LEGISLATIVE ENACTMENTS (1995-2000)

Juvenile Justice Project

TRUANCY STATE LEGISLATIVE ENACTMENTS (1995-2000)

This compilation presents examples of recent state enactments and is not inclusive of all legislative actions, such as budget appropriations. For further information contact NCSL's Denver office at 303/364-7700.

1996 Alaska Sess. Laws, Chap. 59 Sec. 3- Requires school districts to establish truancy prevention programs.

1997 Ark. Acts, Act 1308 Sec. 1- Clarifies the procedures for compliance with student truancy laws.

1995 Ark. Acts, Act 572 Requires school districts to inform parents when their children accumulate excessive unexcused absences.

1997 Cal. Stats., Chap. 825 Sec. 39- Sets attendance reporting methods for at-risk charter schools. Requires that attendance-based funding methods apply equally to at-risk schools and schools in that district at large.

2000 Colo. Sess. Laws, HB 1119 Allows for information exchange about students between law enforcement agencies and school principals, including truancy and disciplinary records. Otherwise imposes confidentiality on information exchanged. Provides civil and criminal immunity for good faith compliance. Requires courts notify schools upon the adjudication of an act that would constitute unlawful sexual behavior if committed by an adult.

2000 Conn. Acts, HB 5028, PA 177 Defines "youth in crisis" to include 16-and 17-year-olds who are beyond parental control, runaways and truants and establishes court procedures. Authorizes police officers to attempt to locate a youth in crisis once a report is made by a parent or guardian, allows the officer to report the location to the parents or guardian when it will not endanger the youth, and outlines options for disposition of a youth in crisis.

1997 Conn. Acts, P.A. 253 Requires the juvenile court to create a separate truancy docket to include petitions from parents who ask for court supervision for runaway children under age 16 or for parents who feel they cannot control their children.

1995 Conn. Acts, P.A. 182, Sec. 5 Deletes a requirement on school boards to report the number of habitual truants on a school-by-school basis.

1995 Conn. Acts, P.A. 304 Defines truant and habitual truant and makes other changes to truancy proceedings.

2000 Vol. 70 Del. Laws, HB 213, 72 Chap. 346 Establishes that any public school student who misses more than three days of school, without a valid excuse, is a truant. Requires notification to legal guardians and students about administrative procedures and penalties related to unexcused absences, including court adjudication and parental responsibility. Requires convictions against parents be reported to state human services agencies.

1997 Fla. Laws, HB 1309 Sec. 1- Requires each school district board to establish an attendance policy and criteria to determine whether a student's absence or tardiness is excused or unexcused.

Sec. 9- Requires public schools to notify the district school board of each minor who accumulates 15 unexcused absences in a period of 90 days.

Sec. 15- Prohibits the state from issuing a driver's license or learner's permit to anyone under age 18 who does not comply with school attendance requirements.

Sec. 16- Requires the state to notify a minor and her or his parents of the state's intent to suspend the minor's driving privileges due to noncompliance with school attendance. Gives the minor or the parent 15 days after the date of receipt of notice to provide proof of compliance or to request a hardship waiver hearing.

1997 Ill. Laws, P.A. 380 Allows the court to impose certain penalties on a chronic truant only if the minor was offered a truancy prevention program.

1995 Ind. Acts, P.L. 132-1995 Suspends the driver's license for a minor who is a habitual truant or has withdrawn from school. Establishes procedures for reestablishing driving privileges.

1995 Kan. Sess. Laws, Chap. 29 Expands the definition of "inexcusably absent" and authorizes law enforcement to detain and deliver children who are away from school without an excuse.

1998 Ky. Acts, Chap. 611 Removes the 60-day notice requirement for minors age 16 or older who are seeking to drop out of school. Clarifies valid excuse as it relates to truancy.

2000 La. Acts, SB 1008, Act 1372 Establishes truancy assessment centers as a pilot program to intervene with troubled youth and prevent juvenile crime. Requires collaboration among schools, child welfare agencies and law enforcement agencies.

1999 La. Acts, Act 1372 Creates truancy assessment and service centers. Describes collaborative efforts and responsibilities of school boards, law enforcement, FINS, and court and community service personnel. Requires an evaluation.

1999 Me. Public Laws, Chap. 198 Permits superintendents to meet with parents of truants to explain benefits of attending alternative education programs. Allows superintendent, instead of school board, to notify local law enforcement agency that minor has been declared habitually truant.

1995 Me. Laws, Chap. 124 Permits an officer to transport a truant student to the appropriate school if the student and the student's parent or guardian grant verbal permission.

1998 Mich. Pub. Acts, Act 516 Defines 'county juvenile agency services' to include services for truant youth.

1996 Minn. Laws, Chap. 408 Sec. 5 Art. 2- Expands the community crime prevention grant program to permit funding of youth neighborhood centers, truancy programs, at-risk programs, and various school-based programs.

Sec. 10- Specifies an appropriation for grants on curfew enforcement, truancy prevention, and pretrial diversion.

1995 Minn. Laws, Chap. 226, Art. 3 Sec. 3, 9-11- Requires schools to refer children who are habitually truant to services and to notify parents.

Sec. 8, 13, 31, 48- Increases the penalties for violating the compulsory school attendance law. Authorizes denial of driving privileges for habitual truancy. Allows the court to order a parent to deliver a truant child to school.

Sec. 20, 22- Prohibits filing a truancy petition in juvenile court without exhausting other procedures where there is a school attendance review board or mediation program.

Sec. 37-43- Authorizes a continuum of programs, including school review boards and county attorney mediation programs, to combat truancy and specifies juvenile court involvement only when necessary.

Sec. 63- Authorizes a truancy reduction grant pilot program.

1997 Mont. Laws, Chap. 550 Sec. 13- Defines "habitual truancy," "running away from home," and "youth assessment center."

1998 Neb. Laws, LB 1 Requires school districts to have a written policy of excessive absenteeism and a written policy of habitual truancy, including notification of the county attorney. Permits absences excused or unexcused to be for either policy.

1997 Nev. Stats., Chap. 522 Sec. 16- Requires school districts to inform parents that parents and students are required to comply with state statutes governing attendance and truancy.

1997 Nev. Stats., Chap. 583 Sec. 7- Requires the principal of a school to report to the appropriate local law enforcement agency the name of any enrolled habitual truant pupil.

2000 Ohio Laws, SB 181 Expands definitions of delinquent child and unruly child to include "habitual truants". Grants original juvenile court jurisdiction over all cases where parent is alleged to have contributed directly or negligently toward a child's habitual truancy and sets penalties for such offenses. Requires parents to attend all court proceedings related to child. Lowers age to 14 for children to be reported to certain school officials for truancy and certain other acts. Increases dispositional options available to be ordered for habitual truants, including substance abuse and psychological counseling. Increases types of offenses for which minors' records do not have to be sealed and the number of people who can inspect such records. Authorizes boards of education to require parents and guardians to attend an educational program encouraging parental involvement when parent has caused child's failure to attend school. Requires board of education to file a complaint jointly against child and parent for habitual truancy.

2000 Ohio Laws, HB 640 Appropriates funds for 21 school districts to develop alternative education programs for youth who have been suspended or expelled, are on probation or parole, are at risk for dropping out of school, or are habitually truant or disruptive.

1995 Okla. Sess. Laws, Chap. 270 Allows truant officers to give warnings that a child is required to attend school. Requires the attendance officer to notify the parent or guardian and the district attorney if a child is absent without valid excuse for a certain period.

1995 Pa. Laws, Act 29 Increases the penalty for a parent of a truant to $300 and court costs, or the completion of a parenting education class. Allows community service in lieu of or in addition to any other penalty. Provides that if a parent is not at fault, then the child will be fined $300 or must comply with an adjudication alternative program. Requires the suspension of the driver's license of truants. Requires the Department of Education to develop recommendations for community-based anti-truancy programs.

1995 Pa. Laws, Act 30 Requires the court to notify the school in that a child is enrolled if the child is adjudicated delinquent. Requires the school to provide such information to any school to which the child transfers.

1995 R.I. Pub. Laws, Chap. 60 Allows schools to adopt intervention and mediation programs to address truancy.

2000 S.C. Acts, HB 3465, Act 397 Permits status offenders, except for truants to be committed to the Department of Juvenile Justice or authorized for violating a court order regarding school attendance or a probation order.

2000 Tenn. Pub. Acts, SB 2425, Chap. 814 Outlines procedures for educators to enforce attendance and report truancy. Upon juvenile court order, allows educators to release student records to law enforcement and juvenile justice officials to assist in effectively serving a truant student.

1996 Tenn. Pub. Acts, Chap. 1035 Requires schools receiving funding based on average daily membership to report attendance and truancy for children age 7 and younger.

1996 Tenn. Pub. Acts, Chap. 1079 Sec. 144- Authorizes a judge to fine parents up to $50 or five hours of community service if their child is absent more than five days per school year.

1995 Tenn. Pub. Acts, Chap. 149 Extends penalties to parents of habitually truant children in grades K-6 to parents of grades K-12 children.

1995 Tenn. Pub. Acts, Chap. 333 Extends truancy and attendance provisions to children aged 5-7 who have entered school or kindergarten.

1997 Tex. Gen. Laws, Chap. 865 Expands number of programs in which a court may order a truant youth to participate. Permits county and municipal courts to handle truancy cases.

1998 Utah Laws, Chap. 380 Appropriates $100,000 from the Uniform School Fund to the State Board of Education for grants to districts to provide and staff truancy support centers.

1999 Va. Acts, Chap. 453 Sec. 1 Requires juveniles who have run away or deserted their parents or legal custodians to have done so on more than one occasion in order to be characterized as a "child in need of supervision". Requires school documentation of a juvenile's failure to attend school before the juvenile is characterized as a "child in need of supervision" based on truancy.

1997 Va. Acts, Chap. 210 Permits the court to consider the report of an interdisciplinary team in truancy cases before determining that a child is in need of services.

2000 Wash. Laws, S 6570 Broadens juvenile court's authority in hearing truancy petitions.

1995 Wash. Laws, Chap. 312 Sec. 66-75- Requires school district to file truancy petitions in juvenile court against students and parents if a student has five unexcused absences monthly or 10 per year. Permits courts to require parents to do community service in the student's school. Establishes jurisdiction to hear truancy petitions with court and family law commissioners. Requires the superintendent of public instruction to report on truancy to the Legislature annually. Allows school districts to create community truancy boards. Requires secondary schools to specify restrictions on students leaving school grounds. Allows police and school officials to take truants to a program designated by the school district. Asks Washington State Institute for Public Policy to evaluate the effectiveness of the truancy petition process adopted under this act, to develop a statewide definition of excused and unexcused absences and to review the policy of prohibiting school districts from suspending or expelling students for truancy.

1997 Wis. Laws, Act 239 Strengthens compulsory school attendance laws regarding age restrictions and additional penalties. Defines "truant" and "habitual truancy." Permits counties and municipalities to enact truancy ordinances.

Requires county truancy plans and review. Clarifies court authority parental notice and responsibility regarding a truant child.

Sec. 67-74- Permits secure detention of habitual truants. Requires the legislative audit bureau to study truancy reporting statistics and the effectiveness of secure detention placement of habitual truants.

1995 Wis. Laws, Act 77 Sec. 118, 938, 103.72- Creates additional dispositions for juveniles found to be habitually truant including the revocation of a work permit and teen court. Allows the court to order parents to participate in counseling at their expense. Allows the court to suspend driving privileges for children in need of services or protection, or who are habitually truant, for failing to comply with a dispositional order.

Creates a new juvenile code for youth alleged to have violated a criminal, civil, or municipal law or who are alleged to be uncontrollable, dropouts, or habitually truant from home or school.

1995 Wyo. Sess. Laws, Chap. 177 Includes use of a truancy statute among a list of required options a prosecutor must consider when alleging that a child is in need of supervision.

For further information regarding juvenile justice, contact Mary Fairchild at 303/364-7700.

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