Spotlight on Truancy Prevention and Prosecution

Truancy or chronic unexcused absenteeism from school is a growing problem in urban, suburban and rural jurisdictions. Schools around the country are now even noting serious truancy problems in elementary school children. The problem of truancy transcends the confines of the school walls and has widespread consequences throughout the community at large. National and regional studies have shown the direct link between truancy and juvenile daytime crime rates, juvenile delinquency, drug abuse and, of course, failure in school. Over one-half of the prison population never finished high school and only one-half of high school dropouts are employed full-time.

Prosecutors around the country are combating the problem of truancy by partnering with local school districts to get children back in school. Why? Because when children are in school, they are building skills that will make them successful adults and they are less likely to be engaging in physically harmful or criminal activities. According to Gary Walker, Prosecuting Attorney, Marquette, Michigan, truancy is the single greatest predictor of juvenile delinquency and is the one common factor that runs through the background of all juveniles in court. When prosecutors are involved in truancy programs, they help prevent juvenile delinquency before criminal laws are violated. Truancy programs vary in resources and duration, but they follow a basic formula: First, get parents and guardians involved. Second, obtain commitment from students and parents that students will attend school regularly. Third, as a last resort, prosecute the parents or students in court.

Parental Involvement

Parents have tremendous influence and authority over their children, so they must be involved in achieving the goal of satisfactory school attendance. When Parents are informed, by telephone or letter, that their child has unexcused absences, they are reminded of the importance of education and that they have important responsibilities to make sure their children attend school. In some jurisdictions, violations of compulsory school attendance laws can result in parents being prosecuted, fined or jailed.

October 1998

To the parents of Trevor Smith:

Your child has had three unexcused absences since the beginning of the school year. State law requires that a parent or legal guardian must ensure that their minor child between the ages of 6 and 16 is in school for the full time school is in session, unless otherwise legally excused.

Please contact your child's school within 24 hours of your receipt of this letter to schedule an individual meeting and to explain what measures you have taken or will take to ensure your minor child attends school. Your failure to take immediate action may result in criminal proceedings begin initiated through the County Attorney's Truancy Enforcement Program.

Sincerely,

Assistant County Attorney

Large-group, small group, or individualized meetings follow the initial contact. At these meetings, the legal and social consequences of truancy are explained to parents and guardians. They are informed that the school will continue to monitor their child and that more stringent consequences will follow if the truancy continues. They are given information on what resources are available to address problems that have led to the truant behavior.

Commitment

All programs require a commitment of compliance with attendance goals. The parents, the student, school officials and, in most jurisdictions, a prosecuting attorney, negotiate a contract designed to correct the truant behavior. Thereafter, the student is monitored to determine whether he/she is attending school regularly.

Prosecution

All truancy programs try to avoid prosecution, but when students or parents fail to abide by the terms of their contracts, prosecution may follow. In several jurisdictions, such as Santa Barbara, California, and Atlantic City, New Jersey, the effort to forestall prosecution is so vigorous that steps one and two may be repeated several times. If all attempts fail, the prosecuting attorney files court petitions. Depending upon the laws of the jurisdiction, parents, students, or both, are charged. Possible penalties for the parents include fines of up to $1000 and/or jail time. Also, judges may order parents or guardians to personally deliver the students to school at the beginning of each school day. Possible penalties for students include suspension of driving privileges, community service, and fines.

Benefits of Truancy Programs

Jurisdictions with fully functional truancy prevention and prosecution programs benefit from a marked decrease in chronic absenteeism. Some jurisdictions show an immediate improvement in attendance after the parents' receipt of the initial notification letter from the school or the Prosecutors' office.

The entire community benefits from effective truancy programs when daytime juvenile crime rates decrease. In Riverside, California, after truancy was reduced through the efforts of the Youth Accountability Team (YAT), serious juvenile crime subject to waiver to adult court plunged 50 percent. Another community benefit is that the collaboration among agencies that provide services to truant youth and their families establishes a communication link between community organizations and other agencies that share a common interest in juveniles.

For More Information

APRI has collected information on truancy programs nationwide. If you would like to receive additional information on how your office can start (or improve) a truancy prevention and prosecution program, call APRI's Juvenile Justice Prosecution Program at (703) 518-4383 or (703) 549-4253 or email juvenilejustice@ndaa-apri.org.