Under Colorado law, there are numerous compulsory school attendance laws designed to protect both parents and students from delinquency and abuse. Truancy laws in Colorado establish strict attendance requirements to ensure that children receive a proper education and are not neglected. The intent of these laws is to encourage regular school attendance and prevent physical patterns of absentness that could lead to more legal problems in the future, and violating them can lead to serious legal consequences.
If Colorado truancy laws are broken, not only can parents face legal penalties, including the possibility of a prison sentence, but the child may also be subjected to legal consequences. There is understandably a lot of confusion surrounding these laws, including who can be held accountable and what being held accountable may look like in the state of Colorado. That’s why our experienced attorneys at WeedenLaw have taken the time to explain Colorado’s compulsory school attendance laws and what truant students and parents may be up against if facing charges for the violation of these laws.
To speak directly with a member of our team concerning the specifics of your criminal case, feel free to give us a call at (720) 307-4330 or fill out our convenient online form to schedule a consultation today.
Truancy Definition
Truancy refers to the deliberate skipping of school by a student without a valid excuse or special order. When a student is truant, their absence is classified as unexcused by an attendance officer. Getting too many unexcused absences can lead to serious consequences.
Schools typically have policies in place to address truancy, and excessive unexcused absences can result in a mandatory meeting. These meetings with school officials typically involve counseling or other measures to address the underlying issues causing the truancy.
However, if these measures do not resolve the problem, truancy can escalate to legal trouble. Both the student and their parents may face penalties, which can include court appearances, fines, and in severe cases, incarceration. The aim of addressing truancy is to ensure that they attend school regularly and receive the education they need.
Is Truancy a Crime?
The law states that every child between the ages of six and seventeen must attend school.
Truancy, which is the act of habitually staying away from school without a valid excuse, is not considered a crime in the traditional sense, but is a status offense. This means that it is an offense due to the age of the offender.
In many states, including Colorado, habitual truancy can lead to legal consequences for both the student and their parents or guardians.
Colorado School Attendance Law
C.R.S. § 22-33-104 defines school truancy laws in Colorado. According to these laws, every child in the state between the ages of 6 and 17 years must attend public school for a predetermined number of hours for each school year. Below are the required hours for different grade levels:
- High School Students: 1,056 hours per school year
- Elementary School Students: 968 hours per school year
- Full-Day Kindergarten Students: 900 hours per school year
- Half-Day Kindergarten Students: 450 hours per school year
It is important to note that these laws only apply to public school students and do not apply to a child who is:
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Temporarily ill or injured;
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Enrolled in an independent or parochial school for at least 172 days;
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Absent due to physical, mental, or emotional disability;
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Suspended, expelled, or denied admission;
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Issued a school certificate or work permit under the Colorado Youth Employment Opportunity Act of 1971;
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Being held in custody by the court or law enforcement;
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Pursuing a supervised work-study program;
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Already graduated from the 12th grade;
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Homeschooled;
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Enrolled in a school with a legally-approved lesser number of days.
Can You Go to Court for Missing School?
Yes, you can go to court for missing school in Colorado. If a student is habitually truant, meaning they have accumulated 4 unexcused absences in one month or 10 unexcused absences in one school year, the truant child and their legal guardian or guardians may be required to attend judicial proceedings. These proceedings often involve a court hearing where the reasons for the student’s absences are examined.
Habitual truancy can also lead to criminal convictions for the legal guardians if they fail to ensure their child’s attendance at school.
What is Truancy Court?
Truancy court is a type of judicial proceeding that aims to prevent juvenile delinquency by placing more importance on school attendance. The court is typically overseen by a judge or magistrate within the juvenile court system. In Colorado, the responsibility for managing truancy cases often falls under the jurisdiction of the district or county courts.
These courts work in collaboration with the school board for each district, the Colorado Department of Human Services, the county Board of Education, and community organizations to address and resolve issues of persistent absenteeism and truancy among students.
What Happens in Truancy Court?
In Colorado, the truancy court process begins when a school district files a petition after child has missed a certain amount of days with no valid excuse. Here’s what typically happens:
- Truancy Notices from the School: Before any court action, schools usually send multiple truancy notices to the student’s parents and guardians informing them of their child’s unexcused absences. In addition, the written notice warns of potential consequences if the truancy continues.
- Official Court Summons: If the truancy problem persists and the school district decides to file a petition with the court, an official summons will be issued. This legal document formally notifies the parents and the student of the court proceedings. The summons will include details such as the court date, time, and location of the hearing.
- Initial Hearing: The student and their parents or guardians are required to appear before the court. During this hearing, the judge reviews the student’s attendance records and discusses the reasons for the truancy.
- Assessment: The court may order an assessment to identify any underlying issues contributing to the student’s absences, such as family problems, health issues, or learning disabilities.
- Development of an Attendance Plan: An individualized plan is created to address the specific needs of the student and improve their school attendance. This plan may include counseling, tutoring, mentoring, or other supportive services.
- Court Orders and Monitoring: The judge issues sanctions that outline the expectations for the student and their family, such as attending school regularly and participating in designated programs. The student’s progress is closely monitored, with regular check-ins or follow-up hearings.
- Consequences for Non-Compliance: If the student fails to comply with the court’s orders, there may be additional consequences. The court with analyze the case to determine the appropriate penalties, which may range from community service to fines and, in severe cases, even juvenile detention or jail time for parents.
- Support Services: Throughout the process, the court may coordinate with various support services, including educational resources, mental health counseling, and family assistance programs, to help the student and their family address the root causes of truancy.
How Many Absences Are Allowed in a School Year Before Court in Colorado?
In Colorado, a student is considered habitually truant when they have:
- Four unexcused absences in one month, or
- Ten unexcused absences in a school year
Once a student reaches these thresholds, the school district may initiate truancy proceedings, which can lead to involvement with Truancy Court if the attendance issues are not resolved.
Colorado Truancy Consequences for Students
In Colorado, habitually truant children may face several potential consequences, such as:
- Individualized Attendance Plan: The court may order the creation of an attendance plan tailored to the student’s specific needs. This plan might include counseling, tutoring, mentoring, or other support services.
- Counseling and Support Services: The student may be required to participate in counseling or other support services to address issues contributing to their failure to attend school.
- Community Service: In some cases, the court may assign community service hours to the student as part of the consequences for truancy.
- Probation: The student might be placed on probation, with specific conditions they must meet, such as attending school regularly and complying with their attendance plan.
- Detention: In severe cases, where other interventions have failed, a juvenile court judge may order detention for the student. This is typically a last resort and used only when the court finds it in the best interest of the child.
- Loss of Driving Privileges: Students may lose their driving privileges or have restrictions placed on their ability to obtain a driver’s license.
The primary goal of these consequences is to encourage regular school attendance and provide the necessary support to address any underlying issues, rather than to punish the student.
Colorado Truancy Consequences for Parents
Parents of habitually truant kids in Colorado can also face consequences if they are found to be contributing to the truancy. Potential consequences for parents include:
- Court Appearances: Parents may be required to appear in Truancy Court along with their child. The court will review the case and may issue orders for the parents to take specific actions to improve their child’s attendance.
- Parenting Classes or Counseling: The court may order parents to attend parenting classes, counseling sessions, or other programs.
- Fines: Parents can be fined for failing to ensure their child attends school regularly. The amount of the fine can vary depending on the circumstances and the severity of the truancy.
- Community Service: In some cases, parents may be ordered to perform community service as a penalty for their child’s truancy.
- Contempt of Court: If parents fail to comply with a court order or take the necessary steps to improve their child’s attendance, they can be held in contempt of court. This can result in additional fines or other penalties.
- Jail Time: Although rare and typically a last resort, parents who consistently fail to comply with court orders and make efforts to address their child’s truancy can face jail time.
Can a Parent Go to Jail for Their Child Not Going to School?
Yes, a parent can face jail time if their child consistently fails to go to school for extended periods. This legal consequence, while rare in truancy cases, is sometimes enforced to emphasize the critical importance of a child’s education and the parental responsibility to ensure regular school attendance.
What To Do When You Get a Truancy Letter
Receiving a truancy letter is a serious matter that requires prompt attention. After receiving a letter, review it carefully to understand the specifics of your child’s absences and the school district’s concerns. Contact the school to discuss the situation and address any misunderstandings or errors in the attendance records. You may then be able to work with school officials to develop a plan to improve your child’s attendance, which may include meeting with a counselor or accessing support services.
It’s crucial to comply with any instructions provided in the letter and to take proactive steps to ensure your child attends school regularly, as continued truancy could lead to legal consequences and involvement with truancy court.
How To Get Out of Truancy Court
If you and your child have been summoned to truancy court in Colorado, it may be in your best interest to hire a criminal defense lawyer to mitigate or avoid the potential consequences you face. Your defense attorney can represent you and your child in court, ensure your rights are protected, and help you understand your legal requirements, all while increasing the likelihood of your case being dismissed from truancy court.
Call Denver Juvenile Criminal Defense Lawyer Jeff Weeden Today Free Consultation
If your child has been skipping school and you’re facing a truancy case in the Denver, CO area, don’t face this challenge alone. The Denver juvenile defense attorneys at WeedenLaw can help you understand Colorado’s school attendance law, protect your rights, explore your legal defenses, and work toward a positive resolution. Call (720) 307-4330 or reach out online today to request your FREE consultation.
