Who is responsible for making sure that a child attends school?

A person who has “control” of a child must make sure that the child attends school. The person in “control” is someone who is legally responsible for the care and welfare of the child, including:

• a parent, grandparent, or other family member
• a foster parent, or
• a court-appointed guardian for a child.

Are attendance rules and policies the same across the state?

No. Schools handle student absences differently. Differences may include:

• how the school defines “excused” and “unexcused” absences
• the number of absences allowed before the school decides to file truancy charges against the parent or other person responsible for the student
• the number of letters the school will send to the family before filing truancy charges, or
• the steps or services the school may use to prevent or respond to truancy.

How do I find out what my school’s attendance and truancy policies are?

To find your school’s attendance and truancy policies, you can:

• check your school’s website and student manual
• ask how your school defines “excused” and “unexcused” absences
• ask how to submit an explanation for an unexcused absence.
  • Does the explanation need to be in writing or can you just call the school?

What if an enrolled student fails to attend school?

If an enrolled student fails to attend school repeatedly or for more days than the school allows, the teacher must notify the truant officer and the superintendent. The truant officer will:

• do an investigation to see why the student is not attending school
• notify the parent or guardian in writing when the student is absent from school without good reason and ask that the student return to school immediately
• notify the parent or guardian that failure to comply may result in truancy charges and a fine up to $1,000, and
• refer the case to the state’s attorney for possible truancy charges when the parent or guardian fails to make sure the student attends school. The state’s attorney will decide whether to file truancy charges with the family court.

What can I do if I am having trouble getting my child to attend school?

When a child resists going to school, there may be problems the child is trying to avoid. This might include problems with:

• bullying or harassment
• learning
• making friends, or
• getting along with classmates or adults in school.

If you are worried about your child’s school attendance, you should talk to the school principal or guidance counselor as soon as possible to resolve the problem. That is the best way to avoid truancy charges.

Learn more on our Bullying page.

Learn more about supports for students who are struggling with learning or the social part of school on our Special Education page.

What happens if the state’s attorney decides to file truancy charges against me?

The state’s attorney will ask the family court to decide that your child is a “child in need of care or supervision” because your child is “habitually and without justification” absent from school. These are often called “CHINS” cases. If the court agrees, the parent or guardian may get fined up to $1,000.

What does “habitually and without justification” mean?

These terms are not defined in the law itself. Courts have interpreted the term “habitually” as:

• 6½ days of unjustified absences in a 4 month period (plus other excused absences),
• 14 days of unjustified absences in a 2 month period,
• 28 days of unjustified absences in 62 school days.

The important thing for parents and other responsible persons to do when a student is absent from school is to provide an explanation or justification for the absence through:

• phone calls to the school,
• emails to the school,
• written notes from home, or
• written notes from a doctor.

Make a note of any calls you make to the school with the date, time, the person you talked to, and what you and they said. Date and keep a copy of anything you send to the school in writing.

What if the student’s absence is related to action taken by the school?

One Vermont court has said that if the school sends the student home, these absences cannot be counted as “unexcused absences without justification.” This could include:

• asking the parent or other responsible person to come pick up the student before the end of the day
• suspending or expelling a student from school
• telling the parent or other responsible person that the student cannot return to school until something specific happens, or
• shortening the student’s school day.

What can we expect in a truancy case?

Truancy cases are confidential. They are not open to the public. The parent or guardian will receive notice of the hearing. Throughout the process the parent or guardian of the child will have an opportunity to tell the judge their side of the story. At the beginning of the process, the court will automatically:

• appoint a lawyer from the Public Defender’s Office to represent the child, and
• appoint a “guardian ad litem” to look out for the best interest of the child.

Parents and guardians have the right to a lawyer to represent them in the court process. Whether the family or the state will pay for the lawyer will depend on the financial resources of the parent. The judge might not automatically appoint a lawyer for them. The parent or guardian might need to ask the judge for a lawyer.

What should parents and guardians know about the lawyer appointed to represent them in court?

As a parent or guardian, you should know:

• Whatever you say to your lawyer is confidential — the lawyer cannot tell others what you say without your permission.
• It is important to be open and honest with your lawyer.
• Sometimes the lawyer cannot meet with you until shortly before a hearing.
• It is important to ask questions if you do not understand something.
• It is very important to make sure the lawyer knows how to contact you.

Parents and guardians should also know:

• It is important to tell your lawyer if your child has a disability or may have a disability that is getting in the way of attending school.
• Lawyers in truancy cases may not know about laws relating to the education of students with disabilities.
• Lawyers in truancy cases can contact the Disability Law Project of Vermont Legal Aid for help with:
  • explaining to the judge how the student’s disability or suspected disability is getting in the way of the child attending school, and
  • how to make sure that the school meets the requirements under the law.

How does the court process work?

There are multiple hearings in family court cases, including truancy cases. Between the hearings, the judge may hold Status Conferences to let the judge know how attempts to resolve the case are going.

The first hearing is called a Preliminary Hearing. At this hearing the judge will ask you whether you agree or disagree that your child has been “habitually and without justification” absent from school. After this hearing, those involved in the case will have a chance to resolve the problem.

If the parties are not able to resolve the case, the second hearing is called a Merits Hearing. At this hearing the state’s attorney must prove that your child has been “habitually and without justification” absent from school. At this hearing:

• Witnesses may be called to testify and other evidence may be presented to the judge.
• The judge will decide whether your child is “in need of supervision.”

It is important to note that very few truancy cases actually go to a merits hearing. Most are resolved through agreements worked out before this hearing.

What happens if the judge decides my child is a “child in need of supervision?”

If the judge decides a child is “in need of supervision,” the Department of Children and Families (DCF) prepares a plan of services called a Disposition Case Plan. The plan describes what needs to happen to fix the truancy problem. The plan is presented to the judge in a Disposition Hearing. At this hearing, the judge will ask if the parents or guardians agree or disagree with the plan. If there is agreement, the disposition plan will be put in place by order of the judge. If there is disagreement with the plan another hearing is scheduled so the parents or guardians may challenge the plan.

What happens if a Disposition Case Plan is put in place?

If a Disposition Case Plan is put in place, it is very important that the parents or guardians follow the plan. Failure to do so could result in further action by the court.

How can I get help with a truancy case?

The Disability Law Project may be able to help with truancy cases involving:

• a child who has a disability, or
• a child who may have a disability.

To talk with an advocate, call us at 1-800-889-2047 or fill out our form and we will call you back. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont.