Under Virginia’s “compulsory education” laws, children between the ages of 5 and 18 must attend school until they graduate. There are exceptions, and some students may legally drop out in Virginia before they turn 18. But if they aren’t eligible to leave school and don’t cooperate with services designed to help them, students who skip too many classes could end up in juvenile court. And parents who don’t make their kids go to school might be fined or even sent to jail.
Below is a summary of Virginia’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.)
Which Absences Are Excused?
Virginia leaves it up to local school districts to spell out the reasons they’ll allow for being absent—except that local policies must allow absences for observing religious holidays. Other excused absences may include:
- injury or illness (including problems with mental health and substance abuse)
- medical procedures
- funerals
- school suspensions, and
- military or legal obligations.
Under state law, children are also excused from attending school if:
- the students and their parents are opposed to school attendance because of a genuine religious conviction, concern for the students’ health (with medical evidence), or justified fear for the students’ safety
- the children can’t benefit from education at the school
- the students have contagious diseases or haven’t completed their immunizations, or
- the children live a certain distance from the nearest public school (with a specific distance depending on their age), and there’s no public transportation nearby.
(Va. Code § 22.1-254; 8 Va. Admin. Code §§ 20-730-10, 20-730-20 (2019).)
How Schools Deal With Truant Students
When students have a total of five unexcused absences in the same academic year, school officials will work with the parents and child to find out the reasons and come up with a plan to resolve the problem. The school may refer the student to a team for help with carrying out the plan.
If the student skips more than one additional school day, the principal must schedule a conference with school personnel, the student, and the parent; community service providers may also participate. The team will monitor the student’s attendance and meet again if necessary to come up with other ways to address the problem.
When it’s clear that a truant is resisting the parent’s efforts to get the child to school, the school attendance officer may file a complaint in juvenile court. If the court decides that the truant is a “child in need of supervision,” it may order the student to participate in treatment, other programs, and/or community service. It may also suspend the youngster’s driver’s license or change it to a restricted license, with driving limited to specific purposes (like going to a job or school). (Va. Code §§ 16.1-278.5, 16.1-278.9, 22.1-258, 46.2-334.001; 8 Va. Admin. Code § 20-730-20 (2019).)
Penalties for Parents of Truant Students
Parents may face criminal charges if they intentionally fail to meet their legal obligation to send their children to attend school. If found guilty of the misdemeanor, the parents could face fines and even jail time for repeat offenses. (Va. Code §§ 18.2-11, 18.2-371, 22.1-258, 22.1-262, 22.1-263 (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 juvenile law should be able to explain how you can protect your child’s rights. And if you’re facing charges for violating Virginia’s compulsory education laws, you should seek the advice of a criminal defense attorney.