New Jersey’s “compulsory education” laws require every child between the ages of 6 and 16 to attend public or private school regularly, or to receive equivalent learning elsewhere (such as through homeschooling). When students cut class, schools generally try to address the underlying problem, with juvenile court as a last resort. But parents who don’t make their kids attend school could face fines and even jail time in some circumstances.
Below is a summary of New Jersey’s laws and regulations on school attendance, absences, and the responses to truancy. (Because states can change their laws change at any time, it’s always a good idea to check the current statute with this search tool, by filling in the number of the statute in the search box.)
Attendance Rules Are Local
New Jersey leaves it up to local school districts to come up with attendance policies that say which absences will be excused and which will count toward truancy. State regulations do say, however, that pupils should be excused to observe recognized religious holidays, and that they must be present for the full day for their attendance to be counted that day. (N.J. Admin. Code tit. 6A, §§ 16-7.6, 32-8.3 (2019).)
Penalties for Truants
State regulations define truants as any children between the ages of 6 and 16 who have a total of 10 or more unexcused absences from school. Attendance officers may arrest habitual truants without a warrant. If school-age children are repeatedly absent but their parents claim they can’t make the kids attend school, courts will consider the truants to be juvenile delinquents, with all the consequences that involves. Before things get to that point, however, school officials are supposed to develop a plan to help address a student’s pattern of unexcused absences, including referrals to community-based services, assessments of their academic and behavioral needs, and alternate educational placements. When those measures don't succeed, the school will determine if the court referral is needed. (N.J. Admin Code § 6A:16-7.6; N.J. Rev. Stat. §§ 18A:38-27, 18A38-29 (2019).)
Penalties for Parents of Truant Students
Parents who don’t make their children go to school may be referred to municipal court for “disorderly” conduct and fined $25 for a first offense and $100 for each offense after that. (N.J. Admin Code § 6A:16-7.6(a)(4)(iv); N.J. Rev. Stat. § 18A:38-31 (2019).)
Talking With a Lawyer
If you’re facing criminal charges for violating New Jersey’s compulsory education laws, you should strongly consider consulting with a lawyer experienced in criminal defense or school law. A juvenile law attorney may also 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 the juvenile justice system.