Under the “compulsory education” laws in Arizona, children between the ages of ages of 6 and 16 must regularly attend school. Some children under 16 may be able to drop out early or are exempt from Arizona's attendance requirements because of a suspension, expulsion, or qualifying physical or mental condition (Ariz. Rev. Stat. § 15-802 (2019)). But unless they qualify for one of the exceptions, truants could wind up in juvenile court, and their parents could face criminal charges.
Below is a summary of Arizona’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.)
Which Absences Are Excused?
The Arizona Department of Education guidelines define excused absences as being away from school because of:
- illness
- medical appointments
- bereavement
- family emergencies, or
- out-of-school suspension.
Local school districts must have policies that spell out the complete rules on excused absences and attendance, including absences for religious observances or instruction. (Ariz. Rev. Stat. § 15-806 (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 Arizona’s compulsory education laws. Unless they provide homeschooling, any parents who don’t make sure their children attend school may be guilty of a Class 3 misdemeanor, which carries a maximum fine of $500 or up to 30 days in jail. (Ariz. Rev. Stat. §§ 13-707, 13-802, 15-802 (2019).)
Legal Consequences for Truant Students
Arizona considers students to be truants when they miss even one class period without a valid excuse. Attendance officers may issue citations to truants, requiring them to appear in court with a parent. If students have at least five unexcused absences in the same academic year, they could end up under the supervision of the juvenile court as “incorrigible” children, with all the legal consequences that involves. Among other things, the court might place them on probation and require them to participate in counseling or education programs. If the kids don’t show up in court or obey the court’s orders, they’ll lose their driving privilege or have their driver’s license suspended. (Ariz. Rev. Stat. §§ 8-201, 8-323, 15-803, 15-805 (2019).)
Arizona schools will formally withdraw any students who’ve had ten unexcused absences in a row, which means they won’t be able to advance to the next grade (Ariz. Rev. Stat. § 15-901(A)(1) (2019)).
Talking With a Lawyer
If your child has received a citation to appear in juvenile court over unexcused absences, consider speaking with a lawyer. An attorney experienced in education law or juvenile law should be able to explain the potential consequences and help protect your child’s rights. And if you’re facing criminal charges for not making your child attend school regularly, you should consult with a criminal defense lawyer as soon as possible.