School attendance is in the hot seat this year as a new state statute requires schools to report excessive unexcused absences to county officials and in turn, county officials will be required to file charges against parents.  

A new state statue, which went into effect July 1, is aimed at reducing truancy among Indiana students. If students ages 17 and under have 10 unexcused days of school, criminal affidavits alleging failure to comply with compulsory school attendance law, a class B misdemeanor, will be filed, according to Greene County Prosecutor Jarrod Holtsclaw. An additional charge of educational neglect, a level 6 felony, could be filed if it shows that in addition to the unexcused absences, the child failed to acquire the knowledge required for their age. 

Holtsclaw said schools are tasked by the Legislature with creating their policy for excused and unexcused absences. 

“Typically, schools will allow students a certain number of absences each school year before an absence is deemed unexcused. I believe most, if not all, county schools allow six absences,” Holtsclaw said. “Once a student reaches this limit of excused absences, any further absence must be documented by a certificate of illness or incapacity signed by a physician or fall into the category of certified absences or it is deemed unexcused.”

Certified absences recognized under law include serving as a page for the Legislature, helping a political candidate at the polls during an election, honoring a subpoena, serving in the National Guard or attending an educational non-classroom activity approved by the school, according to Holtsclaw. 

“As you can see, in practice, once a student becomes a habitual truant they have actually missed far more than ten days of school,” Holtsclaw said. 

For excessive unexcused absences with students in grades kindergarten through six, an attendance conference with a representative of the school, a teacher of the student, a parent of the student and a representative of the student if notice is provided must be held.

“Schools must now hold an attendance conference within five school days of a student’s fifth unexcused absence within a ten-week period for all students in kindergarten through sixth grade,” Holtsclaw explained. “The purpose of the conference is to discuss the student’s unexcused absences and to develop a plan to prevent future absences.”

Schools are now also charged with reporting any students, ages 17 and under, who are habitually truant to the prosecuting attorney. Under Indiana law, a habitual truant is a student who has 10 unexcused absences within a school year.

“If a student reaches 10 unexcused absences during a school year the school’s attendance officer or school resource officer must prepare an affidavit against the student’s parent(s) alleging the crime of failure to comply with compulsory school attendance law and submit it to the prosecuting attorney for filing in the court with jurisdiction in the county in which the affected child resides,” Holtsclaw said. 

Failure to comply with compulsory school attendance law is a class B misdemeanor that carries a range of penalties from up to 180 days in jail and/or a fine of up to $1,000. 

“Additionally, schools will make referrals to the Juvenile Probation Department and the Department of Child Services on students who become a habitual truant,” Holtsclaw said.

Holtsclaw said an additional charge could be added. 

“An additional charge of educational neglect, a level 6 felony, could also be filed if there is a showing that as a result of the unexcused absences, and in addition to the unexcused absences, the child also failed to acquire the knowledge required of children their age,” he said. 

A level 6 felony carries penalties of up to two and one-half years in jail and/or up to a $10,000 fine.

Holtsclaw said parents have a legal obligation to ensure that their children receive an education.  

“For those students attending school, compliance with attendance policy is required,” Holtsclaw said. “Under these new statutes, the Legislature has chosen to take steps to assist parents and schools to reduce truancy before a student becomes a habitual truant. It has also made it clear that there are to be repercussions for parents who do not ensure their children receive the education they need.”

He said parents should do their best to make sure their children receive the best education possible as life can be hard once students become adults. 

“It almost certainly is harder for those who did not receive a good education when they were young. We should all strive to give our children the best opportunity to succeed in life that we can,” Holtsclaw said.