Laws Regarding School Attendance Sections 3321.01 through 3321.99 of the Ohio Revised code (R.C.) deal with school attendance. The following provisions are pertinent to compulsory school attendance and the responsibility of parents under the compulsory school attendance laws: DEFINITIONS R.C. 2151.011- Habitual truant defined- a child of compulsory school age who has been absent without legitimate excuse for 5 or more consecutive days, seven school days in a school month or 12 school days in a school year. SCHOOL POWERS FOR TRUANCY The school superintendent, school board, or Educational Service Center Governing Board has the following powers with respect to truant childred: The school superintendent, school board, or Educational Service Center Governing Board has the following powers with respect to truant children: 1. R.C. 3321.14 indicates that the board of education of every public school district must employ an attendance officer. The Juvenile Court with competent jurisdiction may take action against the child as set forth in the Revised Code which may include, but is not limited to: 1. A period of juvenile probation with the Juvenile Court and the appropriate terms thereunder; PENALTIES FOR TRUANCY AGAINST PARENTS OR GUARDIANS The Juvenile Court with competent jurisdiction may take action against the parent, guardian, or person having care of the child as set forth in the Revised Code which may include, but is not limited to: SCHOOL POLICY ON PARENTAL EDUCATION NEGLECT AGAINST PARENTS Pursuant to R.C. 3313.663, a board of education may adopt a policy requiring a parent or guardian of any student of a school district who is truant from having school to attend a parental education or training program approved by the district. The Circleville City School District has adopted such a policy that allows the truancy officer to order the parent or guardian of a habitually truant student as defined in R.C. 2151.011 to attend the Pickaway County Parent Project, a 10 week program that will address school truancy as well as other parenting issues and suggestions. Failure to attend this program or continued unexcused absences by the child will result in fourth degree misdemeanor charges from the Pickaway County Prosecutor's Office being filed against the parent. As a parent you should understand that Habitual Truancy is an unruly offense under O.R.C. 2151.02. Chronic Truancy is a delinquent offense under O.R.C. 2152.02. You should understand that as a parent, guardian or other custodian of a child, who aids, abets, induces, causes, encourages, contributes or acts in anyway tending to cause a child to become unruly or delinquent child can be charged with Contributing to the Delinquency or Unruliness of a Child in violation of O.R.C. 2919.24, a Misdemeanor of the First Degree. Each day of violation of this section is a separated offense. The maximum penalty for this for this offense is 180 days confinement and a $1,000 fine.
R.C. 3321.01 addresses the Compulsory school age: Any child of 6 to 18 years is of compulsory school age. A child under 6 who has been enrolled in kindergarten is considered of compulsory school age.
R.C. 3321.02 To whom the compulsory school attendance laws apply: Every child who is a resident of the state of Ohio must comply with the law relating to compulsory education.
R.C. 3321.03 Compulsory school attendance requirements: Unless a child has received a diploma granted by the board of education indicating he has successfully completed the high school curriculum or receives an age and schooling certificate provided in 3321.01, or is excused from school under standards adopted by the state board of education pursuant to section 3321.04 or if in need of special education, he is excused from such program pursuant to section 3321.04 then
The parent of the child of compulsory school age shall cause such child to attend school.
R.C. 3321.04 Additional compulsory school attendance requirements: Every parent of any child of compulsory school age who is not employed under an age and schooling certificate must send such child to school or a special education program that conforms to the minimum standards prescribed by the school board.
R.C. 3321.19 Truancy officers ability to warn parent of attendance policies: The attendance officer or other appropriate officer shall examine into any case of supposed truancy within the district and shall warn the child, if found truant, and the child's parent, guardian, or person having care of the child, in writing, of the legal consequences of being a habitual or chronic truant.
R.C. 2152.02-Chronic truant defined- a child of compulsory school age who has been absent without legitimate excuse for seven or more consecutive days, ten or more school days in a school month, or 15 or more days in a school year.
R.C. 2151.022- Unruly child for purposes of truancy- any child who is a habitual truant from school and who previously has not been adjudicated an unruly child for being a habitual truant.
R.C. 2151.02-Delinquent child for purposes of truancy- any child who is a habitual truant and who previously has been adjudicated an "unruly child" for being a habitual truant OR any child who is a "chronic truant" under the Revised Code.
2. The attendance officer may be directed by the superintendent, school board or Educational Service Center Board to send notice to a parent, guardian, or other person having care of a child to attend a parental education class.
3. The attendance officer may be directed by the superintendent, school board or Educational Service Center Board to file complaints in the juvenile court of competent jurisdiction against the truant child OR a parent, guardian or other person having care of the child.
4. Take any appropriate action as an intervention strategy contained in the policy developed by the board pursuant to section 3321.191 of the Revised Code.
5. Notify the Registrar of Motor Vehicles and the Juvenile Court Judge under section 3321.13 of the Revised Code to revoke the right to apply for a driving permit or license and the revocation of driving privileges.
2. Confinement of the child up to 90 days in a juvenile detention facility if the child is adjudicated a delinquent for truancy;
3. Order the child to receive drug and/or alcohol counseling; medical or psychological treatment and/or counseling; OR
4. Order the child to attend Alternative School.
1. Require the parent, guardian, or other person having care of the child to participate in a community service program;
2. Require the parent, guardian, or other person having care of the child to post a bond in a sum not exceeding $500 with sureties to the approval of the court;
3. Fine the parent, guardian, or other person having care of the child up to $500 for failing to send a child to school;
4. Fine the parent, guardian, or other person having care of the child up to $250 and ordering the parent, guardian, or other person having care of the child to serve up to 30 days in the county jail for a fourth degree misdemeanor conviction of parental education neglect (see more information below); OR
5. Fine the parent, guardian, or other person having care of the child up to $1,000 and ordering the parent, guardian, or other person having care of the child to serve up to 180 days in the county jail for a first degree misdemeanor of contributing to the unruliness or delinquency of a minor.
Once such a policy is implemented, and a parent or guardian fails to attend such program as ordered by the school truancy officer OR the child continues to accrue unexcused absences from school, that parent or guardian is subject to having charges filed against them for parental education neglect, a misdemeanor of the fourth degree, and if found guilty is subject to a $250 fine and up to 30 days in the county jail.
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