Like all states in the U.S., Massachusetts has “compulsory education” laws that require school-age children to attend public or private school. There are exceptions, and the state allows local school districts a great deal of control over the specifics of attendance policies and how administrators will deal with students who cut class. School officials should try to help truants and their families, but the students could end up in juvenile court if those efforts don’t succeed.
Below is a summary of the state rules on school attendance 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 Students Excused From School?
The law in Massachusetts doesn’t set statewide minimum and maximum ages for mandatory attendance, leaving that decision up to local school districts. However, state regulations do say that children must attend school beginning no later than September of the year when they turn six. And the state imposes requirements for dropping out legally, even if students have reached the maximum age in their district. (603 Mass. Code Regs. 8.02; Mass. Gen. Laws ch. 76, § 18 (2019).)
Under state law, children are excused from attending school if:
- they're receiving other instruction (such as homeschooling) with advance approval from the school superintendent
- the superintendent has granted them an employment permit after deciding it would be better for them to work than stay in school, or
- school wouldn’t be beneficial or practical for them because of their physical or mental condition.
Also, superintendents may excuse necessary absences for up to seven days in a six-month period, as well as up to an hour a week for religious education. (Mass. Gen. Laws ch. 76, § 1 (2019).)
How Schools Deal With Truant Students
The state requires local school districts to have policies for notifying parents when their children skip school and for addressing the situation. When a student has at least five unexcused absences in the same academic year, school officials should try to meet with the parent and the child in order to come up with a truancy prevention plan.
If the truancy plan doesn’t resolve the problem, school officials may file a petition to begin proceedings in juvenile court after the student has racked up more than eight unexcused absences in a quarter. The court may delay proceedings while it refers the student and family to community-based services. Ultimately, however, the truant could come under the juvenile court’s supervision as a “child in need of services.” (Mass. Gen. Laws ch. 76, § 1B; ch. 119, § 39E (2019).)
Penalties for Truants’ Parents
The juvenile court could fine parents who fail to make their school-age children attend class for seven days (or fourteen half-day sessions) in a six-month period. But the maximum fine is only $20. (Mass. Gen. Laws ch. 76, § 2 (2019).)
Talking With a Lawyer
If school officials have filed proceedings in juvenile court based on your child’s unexcused absences, consider speaking with a lawyer. No matter where you are in the process, an attorney experienced in education or juvenile law should be able to explain how you can protect your child’s rights.