Under Florida’s “compulsory education” law, every child between the ages of 6 and 18 must attend school. There are exceptions, and some students in Florida may legally drop out when they’re 16 or 17. But if they don’t qualify for any of the exceptions and don’t cooperate with the school’s attempts to help them, truants could face serious penalties, including juvenile detention. And parents who don’t try to get their children to school could face criminal charges.
Which Absences Are Excused?
Florida largely allows local school districts to decide which reasons for missing school are excusable, how many are allowed each year, and when students may get certificates of exemption from attendance. But the state does require schools to excuse absences for certain reasons (with parental permission), including:
- illness, injury, or another “insurmountable” condition
- religious instruction and holidays, and
- therapy appointments to treat problems related to autism spectrum disorder.
(Fla. Stat. §§ 1003.21, 1003.24, 1003.26 (2019).)
Penalties for Truant Students
Florida law requires schools to follow certain procedures when students miss school without a valid excuse:
- After each unexcused absence, the principal will contact the parent.
- After five unexcused absences in a month (or 10 within a 90-day period), the principal will refer the case to the school’s child study team. If the team finds a pattern of truancy, it will schedule a meeting with the parents to try to find possible solutions.
- If those measures don’t work, the team must evaluate the child for alternative education programs and create attendance contracts with the student and parents. The team may also try other interventions, including referral to social service agencies. The parents may appeal to the school board if they believe the intervention strategies are unnecessary or inappropriate.
- If the problem still isn’t resolved or the child won’t cooperate, the school may file a truancy petition in juvenile court.
- After a hearing, the court may order the student to pay a penalty or do certain things, such as attend alternative classes, perform community service, or participate in intensive counseling.
- Students who don’t obey the court orders or who stay out of school without their parents’ knowledge could find themselves under the juvenile court’s control as a dependent child or a “child in need of services.” Once they’ve been declared in need of services, children who continue to disobey court orders can face punishment, including juvenile detention.
(Fla. Stat. §§ 984.03, 984.151, 1003.26 (2019).)
Loss of Driving Privileges for Truants
Students who've had at least 15 unexcused absences within 90 days will also lose their driving privileges. The school must forward the truant’s name to the Florida Department of Highway Safety and Motor Vehicles, which will then suspend (or deny an application for) the student’s driver’s license or learner’s permit. (Fla. Stat. §1003.27(b) (2019).)
Penalties for Parents of Truant Students
Parents of students who continually or habitually skip school may face criminal charges if the school has taken all of the legally required steps to address the problem, and those interventions haven’t worked. Unless the parents can show that they weren’t aware the absences or tried their best to keep the kids in school, they may be found guilty of a misdemeanor (punishable by to 60 days in jail or jail time plus a $500 fine). When that’s the case, the court will refer the parent and child for counseling, guidance, and other services. (Of course, the parents also risk the severe penalty of losing custody if their children are found dependents of the juvenile court.)
However, the state won’t prosecute parents for not sending their children to school if they write to the superintendent at the beginning of the school year to say they can’t afford to provide their kids with school clothes.
Parents who don’t obey court orders to send their kids to school or to participate in services like parenting classes may be charged with contempt of court. (Fla. Stat. §§ 775.082, 775.083, 984.151, 1003.24, 1003.26, 1003.27 (2019).)
Talking With a Lawyer
If the school is treating your child as a truant, consider speaking with a lawyer. An attorney experienced in education law should be able to explain the consequences that your child might face, the steps you can take to avoid those consequences, and how you can protect your child’s rights. If the school has filed a truancy petition or dependency proceedings, a juvenile law attorney might be able to give you advice or represent you and your child in the court hearings. And if you as a parent are facing misdemeanor or contempt charges related to your child’s truancy, you should seek the advice of a criminal defense attorney to learn how you can defend yourself against the charges.