What Does Truancy Mean in North Carolina?
Truancy is defined in each jurisdiction differently. North Carolina defines truancy as "the willful and unjustified failure to attend school." North Carolina General Statute § 115C-378 specifically explains this issue. This law only applies to children over the age of 7. I am including this information because of the general misconception that truancy laws are directed to anyone under the age of 16 or 18. The penalties under this law only come into play for children over the age of 7. If your child is under the age of 7, you will be dealing with agencies like Child Protective Services because truancy issues at that age can indicate a more serious concern.
In North Carolina, excessive absenteeism occurs when a child has at least 10 unexcused absences from school within a school year. However, the penalties for excessive absenteeism by parents include fines not exceeding $50 per violation.
North Carolina G.S. § 115C-378(b) states:
Nothing in this section may be construed as making it a violation of this section if the absences are due to causes that the Juvenile Code recognizes as excusable, including but not limited to sickness and other unavoidable causes.
The Juvenile Code is North Carolina General Statute §7B-1501, et. seq. This is also known as N.C. Gen. Stat. §7B-1500, et. seq. This section of the law does apply to children under the age of 7.
On July 1 , 2015, there was a change in the law with respect to truancy. This change involved the definition of excessive absenteeism, which has now been incorporated into the Definition of Compulsory Attendance.
North Carolina G.S. § 115C-378(a) states:
The compulsory school attendance law is intended to make each child who is subject to it, at a minimum, responsible for his or her own school attendance and to make the child’s parent, guardian, or custodian, at a minimum, responsible for the child complying with the law. Consistent with that purpose, any parent, guardian, or custodian exercising authority over a child shall be subject to the penalties imposed by Subsections (b) through (j) of this section if the child wilfully and continuously absents himself or herself from school in violation of G.S. 115C-378(a).
In the event that the absence is excused, the Superintendent of the child’s school shall investigate the reason for the absence. An investigation will be conducted if the Superintendent believes the absence is justified and still has concerns about the absence or if the absence is unjustified and the child has accumulated 10 or more unexcused absences. The duties of the superintendent in these investigations are set forth in North Carolina General Statute § 115C-379. These duties include:
The Legal Ramifications of Truancy
Legal Penalties for Truancy
Failure to enroll your child in school is a Class 1 misdemeanor under the North Carolina General Statutes. A class 1 misdemeanor in North Carolina is punishable by a fine of no more than $2,000.00, confinement for not more than 120 days in the local jail, or any combination of a fine and confinement, as long as the total time does not exceed 120 days. In addition to the criminal penalties listed above, a parent or guardian could be required to perform community service as well. The student may also be prosecuted criminally if they are at least 16 years old. They would be charged with a Class 1 misdemeanor and face the potential criminal penalties listed above. In addition to the potential criminal penalties, the parents, guardians, or custodian of a student found delinquent for truancy, can be ordered by a juvenile court to any of the following: The bottom line is that truancy, both for parents and for students, can have significant, negative consequences both inside and outside of the court system.
How Schools Can Help in Preventing Truancy
Truancy prevention is a primary objective of North Carolina law. A number of chapters in the North Carolina General Statutes have provisions aimed at addressing any roadblocks to student presence in school. Combined, however, these statutes don’t clearly explain what role schools must play in reaching this objective.
In simple terms, when a student is frequently absent from school, North Carolina schools play a significant role in addressing the problem. First, the school generally notifies parents or guardians after a child misses 3 consecutive, or a total of 10, days of school. Thereafter, the school must provide parents or guardians with written notification every time the child misses another 3 consecutive, or a total of 10, days.
School attendance staff will then work with parents or guardians to develop an "attendance contract" for the truancy student. The contract emphasizes the importance of school attendance and the negative effects of truancy. For students under 16 who are not considered a "Youth in Need of Services," the contract includes information about the process through which a petition may be filed with the court, if the contract efforts are unsuccessful. It also explains a school trip by the youth could qualify as a "legal absence," but that out-of-state vacations or trips with parents are considered "unexcused absences." The contract must be signed by the student, parents or guardians and school attendance staff.
Finally, the school attendance staff will file the contract with the juvenile court counselor where the student or family resides. If the contract efforts are not successful, the school must then file a petition with the juvenile court counselor to adjudicate the student as a "youth in need of services," or to petition the court to issue a truancy petition against the child.
North Carolina General Statute 115C-378(a)(2) offers schools a way to avoid any contract efforts from failing. The law allows the school to recommend to the principal that the child be suspended for 10 days for each unexcused absence after notification of the previous contract violation. However, if the principal does not uphold the suspension recommendation, the law requires that the school must continue its contract efforts.
If the student’s principal is not convinced the student’s parent or guardian is capable of attending truancy conferences, the principal may then request the case be referred to juvenile courtities. This triggers a formal review by the juvenile court counselor, but requires the school to forward the truancy contract to the district attendance committee. If the district committee determines an attendance contract is still appropriate, the school must continue its contract efforts.
If the principal believes the parent or guardian is willfully violating the standard attendance requirement, the principal may recommend to the local school board that the parent or guardian be prosecuted for contributing to the truancy.
What Parents Can Do and Resources Available
As mandated by the legislative intent discussed above, N.C. Gen. Stat. §§ 115C-378; 115C-390, the laws place certain responsibilities and expectations upon parents of children that are "truant" or "unavoidably absent." Under N.C. Gen. Stat. § 115C-378, if a student is absent from school without a valid excuse for more than 10 consecutive days or more than 20 days in a school year, then the principal or designee must send written notice to the parent that the child has been absent and that the principal or designee believes the absences are unexcused. Counsel also may refer to 4: The Process of Dealing with Uncompensated School Attendance (Unklesbay). Under N.C. Gen. Stat. § 115C-390, the law requires parents of a child between the ages of seven and 16 years to require the child to attend school until the child graduates from high school or achieves a high school equivalency certificate. Counsel also may refer to 2: The Process of Dealing with Uncompensated School Attendance (Parker). If a parent fails to comply with these provisions, then the law places upon him/her the burden of showing that the noncompliance was not willful. Id.
There are resources available to assist parents with both preventing truancy and/or dealing with the consequences of truancy. Several school districts across the state sponsor counseling services for students: see, e.g., Family & Youth Services-Youth and Family Services and Clear Creek County Schools. The Therapeutic Parent and Family Counseling Center, Inc. also provides truancy intervention in several counties. Other resources include the Johnston County Truancy Program, UNC Center for Home-School Relations, and Wake County Truancy Program.
Programs and Efforts to Combat Truancy
Efforts to curb truancy extend beyond the court system in North Carolina. The state operates several programs designed to prevent, identify, and address school attendance problems. This includes the ABC Collaborative School Justice Partnership, School Justice Partnerships (SJP), and Teacher Assist.
The ABC Collaborative School Justice Partnership serves as a statewide framework for ensuring that all students receive an education in a safe and secure environment. Under Governor Roy Cooper, the initiative aims to improve school climate, avoid unnecessary delinquency court involvement, and address racial and ethnic disparities. As part of the program’s statewide policy framework, schools, and courts work together to address truancy concerns beginning in the early stages for pre-K-12th grade students.
The SJP Partnerships allow schools to devise community-based plans to address student attendance issues. Programs vary by district, as each works with local law enforcement agencies, school resource officers, the court system, and community resources to address circumstances that cause a child to be at risk of delinquency . Some common components include efforts to maintain a positive school environment, guidance to teachers on how to manage students with behavioral issues, collaboration with community agents to address family circumstances, and collaboration with community social services agencies.
Teacher Assist is an early-intervention program that diverts disruptive students from disciplinary action and possible delinquency court involvement. Each program is tailored to meet local needs and incorporate funding from federal, state, and private sources. Teacher Assist services are provided in the student’s regular school:
• Individual assessments and referrals to appropriate community resources
• Small group instruction
• Outreach to families
• Classroom management assistance for teachers
• Parent monitoring
• Individual and group therapeutic interventions
The program supports students who exhibit truancy and behavioral issues. Common causes include economic hardship, limited parental supervision, and other factors outside the student’s control.
Previous Efforts to Combat Truancy Before Approaching Court
Before a teenage delinquent is facing the beat down of juvenile court, or the parent is looking at possible jail time for contempt, these people could have had the opportunity to participate in a mediation session, an attendance contract, or have been involved with social services that could help, instead of being pushed into the court system.
Mediation in the Wilkes County Schools are held by UNC Charlotte graduate students, between January and May each Spring semester. It is through the department of Child and Family Services, that bi-weekly meetings are also scheduled with family services assistant director, to meet with truancy officers from each school. These truancy officers focus on the chronic truancies and breakdown the statistics.
Another option to address the problem of truancy before a parent is found in contempt of court in juvenile court, is for the parent to contact school officials and get a attendance contract drawn up between they and their child, outlining when the child is supposed to show up at school, and consequences put in place if the child does not comply with the contract.
In Wilkes County, the Department of Social Services (DSS) offers a truancy prevention program to help parents find ways to get their children back in school, and offer up support when it is hard to do it alone. Many times DSS is proactive in preventing abuse/neglect factors contributing to truancy, for example: Parents are not having to worry about if going to work will avoid DSS involvement because their teenager is not in school. With the assistance of DSS, some parents are having to worry less about being judged for what they are doing, but that people are instead looking for what has been happening behind the scenes, so they can provide more enforceable and supportive options for getting the family more stable. When people hear the word truancy, they may think about getting the child up in the morning, packing their lunch, and doing their hair, but they fail to look at things like medication adherence, mobility issues, or domestic violence that is contributing to the truancy that is beyond just a teenager not wanting to go to school. Parents have to neither feel like they are the only ones trying to reach out to get help for their family, nor that they have to "parent" alone. Many parents are aware of truancy laws, but not the programs available to help students go back to school. DSS is showing in this county that it’s not just about making money for the agency, but also maintaining the integrity and respect of the family. In the past 7 years, DSS has not charged a single family with truancy in Wilkes County.
Statistics and Success Stories
While there are few breakout success stories directly attributable to truancy laws in North Carolina, statistical data helps provide some insight into how the challenge of truancy is faring across the state. According to the North Carolina Department of Public Instruction, total unexcused absences per 1,000 students in North Carolina public schools has remained fairly flat since the 2010-2011 school year and is trending downward at a rate of less than 1 percent per year. In 2014-2015 , the state averaged 18.7 unexcused absences per 1,000 students and in 2015-2016 a slight bump resulted in an average of 20.4 unexcused absences. In the most recent years, that figure decreased to 17.6 unexcused absences per 1,000 students in 2016-2017 and fell again in 2017-2018 to an average of 14.2 unexcused absences per 1,000 students. In addition to these figures, national data from the Department of Justice shows that truancy-related court filings have decreased by 50 percent between 2006 and 2016.