Truancy in Ohio: An Introduction
Truancy in Ohio refers to a child who is absent from school without permission. Absence from school without good reason is what parents and schools should be concerned about. It’s a parent’s responsibility to ensure their child goes to school and learns the things they need to succeed. Truancy laws are dealt with differently from most other laws in Ohio. Courts try to keep truancy as an issue only between the student, the parent(s) and the school. They want to address truancy with the least amount of court involvement as possible. In Ohio, your child can’t go to school by themselves, you have a responsibility to get them there. While the school may determine what counts as an unexcused absence, the courts will have their say as well.
Ohio law defines absence by: 1.) The child has been absent without excuse for more than 72 consecutive hours during the school year, or 2.) The child has been absent without excuse for a total of 12 or more school hours in one school month at the school which the child is enrolled , or 3.) The child has been absent without excuse for a total of 72 or more school hours in an school year at the school in which the child is enrolled. An "excused absence" is a written excuse from a doctor, dentist, etc. A general note is not enough or, "I’m sick, see you in a couple days." It must show proof that you could not attend school.
The law also provides for students who are mentally or physically disabled. These students are automatically excused so long as they are under the direction of a person who knows their specific situation. These include your school, church, or other agency. Therefore, if you are a parent homeschooling your child or a child attending private school there is no attendance record or accountability for you. The Ohio Revised Code section that applies to truancy is ORC §3321.38.
As with much of the judicial system, the punishment for various offenses depend on the attitude of both the parent or guardian and child. While it may be difficult to go through the court system, the ultimate goal is to be firm with your child and help them understand why this is important. You need to be creative in how to encourage them to fulfill their contractual responsibilities.
Legislation Surrounding Ohio Truant Children
Pursuant to Ohio Revised Code Chapter 3321 are the truancy laws for Ohio. Ohio schools must have procedures in place to monitor and address truancy.
Ohio Revised Code Section 3321.01 sets forth definitions of truancy, school adjustment problems, habitual truant, and unauthorized absence. Thus, a truant is "any child subject to compulsory school age who is absent without legitimate excuse from one or more of the hours for which the child is assigned to attend school during any school day." A habitual truant is a truant who is absent without legitimate excuse for seven consecutive days, ten or more school days in one school month, or fifteen or more school days in a school year. An unauthorized absence is "an absence from school of a student without legitimate excuse because the parents of that student failed to report the absence to the school."
Ohio Revised Code Section 3321.03 is titled "Duty of parent, guardian, or custodian to ensure school attendance of child," and states "No parent, guardian, or custodian of any child of compulsory school age shall fail, neglect, or refuse without just cause to cause the child to attend school regularly." Failure to adhere to this duty is an "unruly act," defined herein as "the failure of a parent, guardian, or other custodian of a child who is of compulsory school age to cause the child to be in school when the child is not otherwise legally exempt from attending school." A juvenile may be adjudicated a delinquent child for acts that would be a crime if the child were an adult. R.C. 2151.02(C). If a child is adjudicated a delinquent child for truancy, an intervention plan called a "school mediation" is imposed by the Court. An intervention plan indicates that educational services are required for a public school student who has been adjudicated a delinquent child for habitual truancy.
Ohio Revised Code § 2152.022(A)(3) requires schools to abide by the following: The superintendent of each city, exempted village, local, and joint vocational school district shall adopt an attendance policy applicable to all schools operated by the district. The attendance policy shall address reasons for excused and unexcused absences from school, as well as intervention strategies that may be applied for students who are habitual truants or excessive absentees.
The board of education of each city, exempted village, local, and joint vocational school district shall appoint one or more attendance officers. These attendance officers may be employed by the board, contracted with, or volunteers. The attendance officer shall examine cases of excessive absenteeism and shall notify the parent, guardian, or custodian of the child, and appropriate authorities if necessary.
The attendance officer shall check daily attendance records to determine whether any child in the attendance officer’s jurisdiction is an excessive absentee, send a notice concerning the child to the parent, guardian, or custodian of the child, and refer the child to juvenile court or another agency if the child continues to be an excessive absentee.
Truancy Consequences in Ohio
If a student is found to be truant, the legal consequences can include the following:
• Stipulations from Local School District – A student who receives either excessive or habitual absenteeism may be required to do any of the following by the student’s school district: report to the school administrative office at the beginning of each school day, submit daily homework and reports, attend after-school or Saturday classes, or receive tutoring. If a student does these things, the student’s absence from school may be excused and a notification of the absence need not be sent to juvenile court.
• Diversion from Juvenile Court – Most local police departments will have a diversion program in place designed to address truancy around the state. In Columbus, if a student has been in attendance of more than 10 days in a row, if an offense is committed within a five-mile radius of the school, and if the student is alone at the time, they can be eligible to be reviewed by the diversion department. We’ve found that this department takes their time considering all consequences for the student, and generally are result-oriented, deciding the best path to take, and what measures will correct their behavior and therefore prevent the offense from happening again.
• Referral to Community Service – A student who has been deemed to be truant may face a referral to the juvenile court or community service school. The prosecutor has discretion as to what the extent of the court order will be. A few examples of potential terms for a community service school are:
• Probation – If a student has been adjudicated an unruly juvenile, the Court might simply put the student on probation, or make a direct referral to the probation department.
• Additional Fines, School Days and Other Punishments – The Court may impose an additional monetary fine (on top of the $90 already imposed) for the truancy. A school district can only receive one fine per student, but if the school district has lost state funding due to chronic truancy by the student, the school can receive additional payments from the court on the student’s behalf. The district may then use those funds to instruct the student on truancy prevention programs. Other punishments include parental fines, reinstatement fees and educational costs.
Juvenile delinquents who cause an adequate amount of harm to others might be sent to a juvenile center or school due to the violation.
How Parents Can Help to Prevent It
As a parent or guardian, there are numerous actions you can take to prevent truancy from occurring. First and foremost, it is important to maintain open communication with your child’s teachers, school officials, and counselors. If a problem arises, the sooner it is addressed, the more likely the problem can be resolved.
Parents should familiarize themselves with their child’s district attendance policies. It is crucial that your child’s attendance be accurately recorded. Ensure that your child’s attendance is accurately recorded in the school offices, whether they have been actually absent or if they are tardy to class. Regular contact between home and school is encouraged to make sure all parties are informed.
Once your child arrives at school, they should be in class, ready to learn. Encourage your child to participate in class and maintain good relationships with their peers. If your child is having difficulty making friends, assist them in joining clubs and attending social gatherings. The more interactions your child has with school faculty and other students, the more likely you, your child, and frequently, school administrators will know when something is awry. Even if your child attempts to hide their feelings from you, the staff at your child’s school are trained to identify the warning signs of potential truants, and will notice when your child is facing problems that could lead to truancy.
Leave enough personal time in your schedule to have long term plans available to your child. Parents sometimes feel overwhelmed by trying to manage every detail of their child’s life, however, this leads to children who do not have the organizational skills necessary to succeed in school. Your child should be responsible for packing his or her own bookbag, reviewing their personal planner, studying, and setting reminders for class projects and tests. Your child will be better equipped to overcome their future responsibilities and challenges, if they are forced to do so on their own as a child. This way, when they leave for post-secondary education, they will be accustomed to the demands placed upon them.
Truancy Programs and Interventions
In an attempt to combat the growing scourge of truancy in public schools, Ohio has established a series of programs and interventions aimed at reducing student absences. Some of the programs and options made available by the state include:
Options for filing complaints against parents and providers are also included in the state’s attempts to reduce truancy. The Truancy Intervention and Prevention Grant Program (TIP) supports creative truancy reduction programs that treat truancy effectively and productively in lieu of penalties for children and parents. Aimed at providing support to concerned schools and school districts, grants are made available on a competitive basis, with costs that may be awarded on the following cost-sharing ratio: Schools and districts may submit an application to the Department of Education under the request for grant proposals for the TIP grant funds . It is important for schools or districts to ensure that their TIP program addresses the needs of all students in their school, not just those identified as habitual or excessive truants.
The TIP grant program does not currently award funding to community agencies, but may consider doing so in the future if appropriate grants are submitted. Where local courts have the authority, they may contract with community service agencies to provide counseling and follow-up to the courts when appropriate. Contact information for schools interested in applying for a TIP grant can call the Department of Education for assistance and information about the grant application process or to obtain technical assistance.
New Developments in Ohio Truancy Law
While truancy laws have been present for a long time in Ohio, there have been some recent changes and attempts at changes to truancy law in Ohio. As stated in an announcement from the Ohio Department of Education, the Every Student Succeeds Act (ESSA) mandated changes in the way chronic absenteeism is handled in schools. Chronic absenteeism refers to students missing 10 percent or more of the days in the school year for any reason such as being sick, skipping school, etc. ESSA requires all states to include chronic absenteeism as part of school accountability systems.
Chronic absenteeism differs from truancy as it applies to students who are absent for any reason, including legitimate reasons such as illness. Truancy may only apply to students who are chronically absent for skipping school or other reasons. Districts were previously not providing early intervention efforts aimed at chronic absenteeism. An intervention is defined as an effort to get students back in school, which can include home visits, morning calls, or even placing students in a mentorship program.
The Ohio School Law blog reported that HB 410, which went into effect in 2017, recognized the changes that the ESSA provided, and set out to provide a different mechanism for governing chronic absenteeism in Ohio schools. HB 410 amended the truancy laws in a variety of ways, including repealing any outdated provisions of the prior truancy statutes. The new truancy laws go into effect in nearly all Ohio counties as of August 1, 2017, with Medina County starting on August 15, 2017. The new law requires schools to notify parents when students have unexcused absences without permission, defines excessive absences as being absent from school without a legitimate excuse for 38 or more hours in a month or 65 or more hours in a school year, and allows for absenteeism-related charges to be filed against parents.
Finally, Ohio House Bill 410 requires that each district must adopt a policy regarding how to address chronic absenteeism. The new truancy law aims to reduce suspensions and expulsions for attendance-related issues, as suspending or expelling students for school related issues can lead to them dropping out of school or causes students to miss even more school.
Where to Find more Information
A number of organizations and agencies are available to assist parents and students in understanding and dealing with the requirements imposed on them under truancy laws. Your local school system will have a number of offices available to assist you, including the school principal’s office, the attendance office and the "guidance" office, which may by called the school counselor’s office to go over students’ attendance records. The school system, each school may have its own attorney to represent the district. In addition, Ohio operates a toll-free truancy hotline, which you can reach at 1-866-545-3762. This hotline will direct you to your local court or juvenile detention center for assistance. It is also a resource for school personnel for more information on how to address truancy problems. Truancy prevention consulting services is provided by the Ohio Department of Youth Services, via phone at 614-728-1138 or via the Internet at www.dys.ohio.gov/Truancy/. Information is also available from DYS on truancy prevention programs and funding. The DYS site also has information on teen courts, positive youth development, after-school programs and diversion programs for youth. Legal assistance on truancy laws is available through the Ohio Legal Rights Service, which provides free civil legal assistance, advocacy or referral for those who qualify. Advice is also available online at www.ohiolrs.com. Additional resources on truancy issues are available through the Ohio Department of Education, including truancy prevention resources, resources for parents and students, and information on early intervening strategies to address absenteeism . The Ohio "Report Card" site allows you to search for any public or private school in the state and research their attendance statistics under the accountability program. The site, which is at http://reportcard.education.ohio.gov/, also has school report cards, school ratings, program details, and assorted resources for parents and students. Legal action against chronic truancy offenders may be commenced by parents for a variety of reasons as well. Ohio Revised Code Section 2919.22 states that except as provided in plain language form by that section of the Ohio Revised Code, no person shall knowingly fail to cause a minor child to attend school, or to send the minor child to a place other than a school that complies with the provisions of state law attentive to compulsory school attendance. In addition, the law provides as follows: "A school shall not contact a parent or legal guardian of a child under eighteen years of age if the absence of that child from school has been excused. A school shall not penalize the parent or legal guardian of a child under eighteen years of age for failure of that parent or legal guardian to comply with this section if that parent or legal guardian is unable to have the child attend school or send the child to a place other than a school that complies with [Ohio law] because that parent or legal guardian has committed an offense listed in [Ohio Revised Code Annotated] section 2919.271 . . . Parents of a student with a disability may also find it helpful to consult with the Ohio Department of Education’s Office for Exceptional Children for more information on the special requirements imposed on students with disabilities under the law for attendance.