Under the “compulsory education” laws in Indiana, children must regularly attend school from the time they’re seven years old until they turn 18. There are exceptions, and some students may legally drop out early. But unless they’re excused, students who cut class too often could end up under the juvenile court’s supervision—and their parents could be charged with a crime.
Below is a summary of Indiana’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.)
When Are Absences Excused?
In general, local school districts in Indiana decide when students’ absences will be excused. However, state law requires schools to excuse absences for certain reasons, including:
- illness
- mental or physical incapacity
- participation in educational activities that aren’t part of regular class instruction
- required court appearances
- helping in elections
- active duty with the national guard
- service as a page for the general assembly, and
- religious instruction.
Parents must provide medical certificates to support an illness-related absence if the school requests it. Children don’t have to attend school at all during a school year if it’s been determined that they’re mentally or physically “unfit” for attendance. (Ind. Code §§ 20-33-2-14—20-33-2-19, 20-33-2-46 (2019).)
Penalties for Parents of Truant Students
Because parents are legally responsible for making sure their children go to school, they could face misdemeanor charges for violating Indiana’s compulsory education laws. But prosecutors may not file criminal charges until the parent has received official notice of the violation and the child hasn’t returned to school by the following day. Convictions bring mandatory jail time (up to 180 days), along with potential fines (up to $1,000) for each day of violation. (Ind. Code §§ 20-33-2-27, 20-33-2-44, 35-50-3-3 (2019).)
Legal Consequences for Truant Students
Indiana law considers students to be habitual truants when they have 10 or more unexcused absences in an academic year (although local districts may lower that threshold when dealing with truants in their schools). Schools must report habitual truants to the juvenile court, where the students could come under that court’s supervision, with all the potential legal consequences that involves.
Also, habitual truants who are 13 or 14 may not get a learner’s permit or driver’s license until they turn 18 or demonstrate that their attendance record has improved. (Ind. Code §§ 20-33-2-11, 20-33-2-25 (2019).)
Talking With a Lawyer
If your child has been referred to juvenile court over unexcused absences, 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 a parent facing criminal charges for not making your child attend school regularly, you should strongly consider speaking with a criminal defense lawyer as soon as possible.