What happens if a student is truant?

28.07.2010

10.49 There is no uniform, aggregated data on the extent of school truancy.[84] Evidence received from young people during focus groups suggests that some students are absent from school more often than they attend.[85] Reasons for truancy include boredom at school, embarrassment and frustration at poor performance, fear of bullying or harassment,[86] drug dependency,[87] family stress or conflict, homelessness and defiance of authority.[88]

10.50 Some students truant a few times during their school career in response to peer pressure or to see what they can get away with. Provided there are no other major problems these students can generally be dealt with effectively by their families and/or schools on a case by case basis. Other children are chronically absent from school.[89] Their situation requires a co-ordinated government response to truancy.

Truancy is the result of multiple negative and cumulative influences originating from the individual, the family, the school and the community and is therefore a broad social issue which needs to be addressed by comprehensive social policies.[90]

10.51 Young people in care and Indigenous children are particularly at risk of truancy and subsequently dropping out of the school system altogether.[91] School retention rates are significantly lower for Indigenous children than non-Indigenous students.[92]

Link between truancy and offending

10.52 Repeated truancy is a common ground for suspension or expulsion. Truanting or being excluded from school substantially increases the risk of young people becoming enmeshed in the juvenile justice system.[93] A survey of 461 young people in detention in South Australia found that 73% truanted regularly when attending school and that 79% had been suspended or expelled from school.[94] Only 21% were attending an educational institution at the time they were placed in detention. 80% of the detainees were under 16 when they left school.[95]

Dropping out of school is a very strong predictor of delinquency and reduced adult employment prospects.[96]

Truancy is a stepping stone to delinquency and criminal activity. A report compiled by the Los Angeles County Office of Education on factors contributing to juvenile delinquency concluded that chronic absenteeism is the most powerful predictor of delinquent behaviour.[97]

10.53 Truancy can compound the problems of children who are already behind in class as a result of behavioural, emotional or learning difficulties. They fall further and further behind thus jeopardising their chance of achieving formal qualifications and seriously reducing their employment opportunities.[98]

In Australian society, poverty is generally related to unemployment and subsequent reliance on welfare. The relationship between educational achievement and employment status has been well documented. People with a lower level of educational achievement are more likely to be unemployed than those with a higher level of attainment.[99]

Reducing truancy

10.54 Some jurisdictions have introduced legal mechanisms aimed at reducing truancy. For example, in a number of States police have the power to stop and question school-aged children who should apparently be at school and, if necessary, escort them to school or home.[100]

10.55 The Western Australian Government recently released a School Education Bill for public consultation. The Bill allows for the imposition of a fine on parents who do not ensure that their children attend school.[101] Under the proposal the student can also be fined $100 for non-attendance.[102] Certain steps must be followed before a prosecution under these provisions can be commenced.[103] School Attendance Panels may be established to consider matters related to absenteeism and to facilitate the return of children to normal attendance.[104] The proposed legislation will also allow for the appointment of school attendance officers who will be empowered to stop and detain absentee students and escort them to school or home.[105]

10.56 The proposed WA provisions have attracted considerable media attention.[106] They may well be a counter-productive approach to truancy. Students who are chronically truant are often from poorer families experiencing the second or third generation of unemployment. Fining them is unrealistic. It imposes an additional financial burden on the family.[107] It would be better to address the causes of truancy through early intervention and family support programs such as those discussed in paragraphs 10.27-34.[108] In addition, research suggests that punishing parents for the acts of their children does not decrease delinquency.[109] It would also be better to stress the positive by having schools convince students and their families of the benefits that can flow from secondary qualifications. Given the clear link between truancy and juvenile offending, the Inquiry considers that there should be a national strategy to reduce truancy. The strategy should provide best practice principles but be flexible enough to address idiosyncratic local concerns.

Recommendation 45 In light of the link between chronic truancy and exposure to the juvenile justice system, the federal Government should co-ordinate the development and implementation of a national strategy to reduce truancy.

Implementation. DEETYA should lead the development of the strategy in consultation with State and Territory education departments, peak groups from the independent schools sector, relevant community groups and the Australian Council for Education Research.

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If your child is at least 7 years old or they have not finished 6th grade, they are truant if they have:

  • 5 unexcused absences from school in a row or
  • 7 unexcused absences from school in one school year

If your child has finished 6th grade and is not 17 years old yet, they are truant if they have:

  • 7 unexcused absences from school in a row or
  • 10 unexcused absences from school in one school year
  • If your child misses 1⁄2 a day or more, and the school considers that a "day," it will count toward the limit.

What is required school age?

  • In Maine, children age 7 and older and teenagers under 17 years old must be in a school program.
  • This means your child cannot drop out before they are 17 years old. Until then your child is compulsory school age.

What is an unexcused absence?

Any absence that is not excused.

Maine law defines an "excused absence" as missed school time because of:

  • Illness
  • A medical appointment that must be made during the school day
  • Observing a recognized religious holiday when the observance is during school
  • A family emergency
  • A planned absence for a personal or educational purpose that has been approved by the school
  • Educational disruption caused by a student's homelessness, unplanned hospitalization, or placement in foster care or a youth development center

Whose responsibility is it to get my child to school?

The adult a child lives with is responsible for making sure that child goes to school. So if your child lives with you, this means you!

If you don't make sure your child attends school regularly, you may be brought to court on a civil violation. The school must follow certain procedures first. We will explain those rules here.

What is the school's responsibility?

Maine schools must try to work with parents or legal guardians and students to get students to attend school regularly.

There is no such thing as a truancy officer in Maine.  Instead, the school principal decides if the student is truant.  The principal will look at the number of unexcused absences your child has in a school year.  If your child meets the minimum number of unexcused absences for their age, the principal must tell the superintendent within 5 school days of your child's last unexcused absence.

From there, your child will be referred to the school's "student assistance team" or other school intervention team.  You and your child will be invited to the team meeting.  The team will decide:

  • What caused your child's unexcused absences
  • What is the effect of the unexcused absences on your child
  • What will be the effect of more unexcused absences on your child

If the team decides there is a negative effect on your child, the team will make an "intervention plan."  The intervention plan can include changes, such as:

  • Frequent communication between teacher and family
  • Changes in learning environment
  • Mentoring
  • Student counseling
  • Tutoring (including peer tutoring)
  • Placement in different classes
  • Evaluation for learning in multiple pathways (career and technical education, alternative education, apprenticeships, online courses, adult education, career academies, AP courses,etc)
  • Attendance contracts
  • Referral to other agencies for family services
  • Referral to the school's attendance coordinator
  • Referral to the school's student assistance team
  • Referral to the school's dropout prevention committee

What is a Dropout Prevention Committee?

Schools should have a dropout prevention committee. Members should include:

  • One school board member
  • A school administrator
  • A teacher
  • A school counselor
  • A parent
  • A school attendance counselor
  • A high school student
  • A dropout student, and
  • A community resident

The purpose of this committee is to understand why students drop out and make recommendations to the school board for how to address the problem. The committee should explore the reasons why students drop out, including;

  • Keeping in contact with recent dropouts to offer or refer them to alternative education, counseling and human services programs;
  • Educating teachers and administrators about the dropout problem in the school district;
  • Reviewing the school's disciplinary policies and practices; and
  • Reviewing any discriminatory practices and attitudes within the school unit.

If you do not go to the meeting, the team can still make this plan for your child.

If your child is still truant after this plan is made, the superintendent must serve you with a written notice. The notice must be given to you in person or sent by registered mail. The notice must say that:

  • Your child is required to attend school;
  • You have a right to review your child's attendance records;
  • The school's attendance coordinator's reports (if any) and the principal's reports;
  • Your failure to get your child to school may be a civil violation and what the possible penalties are;
  • Local law enforcement or Maine DHHS can be contacted; and
  • A plan was developed - including the specifics of that plan and the steps that were implemented to improve your child's attendance.

If your child is still truant after the intervention plan is made and the notice is mailed to you, the superintendent shall follow school procedures to have a second meeting. At this second meeting, a new intervention plan can be made.  The school can ask the local district attorney to come to this meeting.

After you get this notice, your child must go to school within 3 days. If your child is still absent or if you do not go to the second meeting, the school can contact local law enforcement to refer your case to court.  The superintendent will also tell the school board that your child is truant.

What happens in court?

You may be summoned to appear in District Court if:

  1. Your child is "under your control" (i.e., lives with you);
  2. You received written notice from the school about your child's truancy and the plan that was developed to correct it; and
  3. Your child has missed enough days in the school year to be truant.

This is because you are responsible for making sure your child attends school. You will not be charged with a crime, but you can be found to have committed a civil violation. If that happens, you can be:

  • Fined up to $250
  • Ordered to take action that will make your child go to school 
  • Ordered to go to a parent training class
  • Ordered to go to school with your child
  • Ordered to follow the school's intervention plan
  • Ordered to perform community service at school
  • Ordered to go to counseling or other services

Defenses

  • You tried with reasonable diligence to get your child to school, or
  • The school did not follow its duties to address the child's truancy

Can older students work if they are truant?

No. A student who is truant is prohibited from working. The only exception is if the superintendent gives a release that approves of your child's employment.

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