Under Ohio’s “compulsory education” laws, all children between the ages of 6 and 18 must attend school until they graduate from high school. When students cut class, schools generally try to address the underlying problem, with juvenile court as a last resort. At the same time, parents who don’t or can't make their kids attend school could face fines or losing custody of their kids.
Below is a summary of Ohio’s laws 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 by using this search tool.)
What Counts as Truancy in Ohio?
Ohio students are considered habitual truants when they have unexcused absences of 30 hours in a row, 42 hours in the same month, or a total of 72 hours in the school year.
Local school districts have their own policies that say when students have a good reason for being excused from school. State law specifically allows districts to excuse children for certain reasons, including:
- when their physical or mental condition doesn’t allow attending school or a special education program
- when they’re being taught at home by a qualified teacher, and
- during temporary periods when children over 14 are doing necessary work for their parents.
(Ohio Rev. Code §§ 2151.011, 3321.04 (2019).)
Services and Consequences for Truants in Ohio
Beginning in 2017, Ohio decriminalized its treatment of truants by focusing on providing services and intervention strategies for kids who skip school. When students have enough unexcused absences to be considered habitual truants, the school will assign them to an absence intervention team. These teams—which may include counselors and social workers, along with the parents—will develop plans to address the problem.
If a student refuses to participate or doesn’t make satisfactory progress in the intervention program, and other alternatives have failed, the school will file a complaint in the juvenile court. In that case, the pupil could wind up under that court’s supervision as an “unruly child.”
Depending on the local school district, students who have a certain number of unexcused absences (more than 60 consecutive hours in a month or 90 hours in a year) may also lose their driving privileges. (Ohio Rev. Code §§ 2151.27, 3321.13, 3321.16, 3321.191 (2019).)
Ohio Penalties for Truants' Parents
Ohio law makes parents legally responsible for ensuring that their school-age children attend classes. If they’re found guilty of violating that law, the juvenile court may fine them up to $500 or order them to perform community service. Parents can avoid this result by proving that they tried but couldn’t make their kids return to school. In that case, however, the school will begin proceedings to bring their children under the juvenile court’s supervision as delinquent, unruly, or dependent minors. (Ohio Rev. Code §§ 3321.22, 3321.38, 3321.99 (2019).)
When a school has required attendance at a parental education or training program as part of truancy intervention, any parent who doesn’t complete the program could face misdemeanor charges for parental neglect. (Ohio Rev. Code § 2919.222 (2019).)
Talking With a Lawyer
If the school has filed a complaint in juvenile court regarding your child’s truancy, consider speaking with a lawyer. No matter where you are in the process, an attorney experienced in school law or juvenile law should be able to explain how you can protect your child's rights, your own rights, and the consequences of claiming that you can’t make your kid go to school. And if you’re facing criminal charges for parental neglect, you should seek the advice of a criminal defense attorney to learn how you can defend yourself.