Under the “compulsory education” laws in Alabama, children between the ages of 6 and 17 must attend school until they graduate from high school. There are exceptions, and even students who've already turned 17 need their parents’ permission to drop out legally in Alabama. But unless they qualify for one of the exceptions, truants in the state could wind up in juvenile court if their parents can’t make them go to school.
Below is a summary of Alabama’s laws on school attendance, absences, and the responses to truancy. (Because states can change their laws at any time, it’s always a good idea to check the current statute using this search tool.)
What Makes a Truant?
Local school districts in Alabama must have policies that spell out the rules on attendance and conduct. State law requires parents to provide a valid excuse if their children are absent from school without their teachers’ permission. Otherwise, the students will be considered truants. The state considers an absence to be excusable when it’s because of:
- sickness
- another condition that makes attendance impossible or impractical, or
- “extraordinary circumstances” that most people would recognize as a valid reason to miss school.
(Ala. Code § 16-28-13, 16-28-15 (2019).)
Under state regulations, the parent with control of the child must attend a school conference when a student has five unexcused absences in a school year. The parent must also participate in an “early warning” program with the juvenile court. If a parent doesn't cooperate, or the student racks up a total of seven unexcused absences, the school will file a complaint in court against the parent or the child (more on that below). (Ala. Admin. Code r. 290-3-1-.02 (2019).)
Penalties for Parents of Truant Students
Because parents are legally responsible for sending their children to school, they could face misdemeanor charges for violating Alabama’s compulsory education laws. Unless they can prove that they tried their best to make their kids attend regularly, the court will fine them up to $100. It may also sentence the parents to as many as 90 days of “hard labor.”
Parents may also avoid a misdemeanor conviction if they reported to the juvenile court that they couldn’t afford to give their children the books and clothes needed for school. In that case, however, they must also offer to turn the kids over to the state as dependent children. (Ala. Code §§ 16-28-12, 16-28-13.)
Legal Consequences for Truant Students
If a truant’s parents file a written statement in court that they can’t control their child, proceedings will start in juvenile court to decide if the youngster should come under court supervision as dependent, neglected, or delinquent children—with all the consequences that involves. (Ala. Code § 16-28-14 (2019).)
Talking With a Lawyer
If you’re facing criminal charges for violating Alabama's compulsory education laws, you should speak to a criminal defense lawyer as soon as possible. Also, a juvenile law attorney may be able to explain the consequences of claiming that you can’t control your child, as well as how to protect your child’s rights if the matter goes to juvenile court.