Understanding the Difference Between Truancy & Excused Absences: 

Florida allows local school districts to determine which reasons for missing school are excusable, the number of allowed absences, and the issuance of certificates of exemption. However, there are certain absences that schools must excuse with parental permission, including:

• Illness, injury, or another "insurmountable" condition

• Religious instruction and holidays

• Therapy appointments related to autism spectrum disorder

To obtain detailed information about attendance policies, students and parents should refer to the student handbook provided by the school at the beginning of each academic year. Additionally, the school district's attendance policies can be requested or found online for a comprehensive understanding of the rules and requirements.

Penalties for Truant Students

Florida law outlines specific procedures that schools must follow when students have unexcused absences:

• After each unexcused absence, the principal will contact the parent.

• If a student accumulates five unexcused absences within a month or ten within 90 days, the case will be referred to the school's child study team. The team will schedule a meeting with the parents to explore potential solutions.

• If the interventions by the child study team prove ineffective, the team must evaluate the child for alternative education programs and establish attendance contracts with the student and parents. Other interventions, such as involving social service agencies, may also be implemented. Parents can appeal to the school board if they find the strategies unnecessary or inappropriate.

• If the issue persists or the student refuses to cooperate, the school may file a truancy petition in juvenile court.

• Following a court hearing, the student may face penalties such as fines, attending alternative classes, community service, or intensive counseling.

• Students who continue to disobey court orders or stay out of school without parental knowledge may become dependents of the juvenile court, subject to further consequences, including juvenile detention.

Loss of Driving Privileges for Truants

Students with at least 15 unexcused absences within 90 days will also lose their driving privileges. The school must report the truant's name to the Florida Department of Highway Safety and Motor Vehicles, resulting in the suspension or denial of a driver's license or learner's permit.

Penalties for Parents of Truant Students 

Parents whose children consistently or habitually skip school may face criminal charges if the school has taken all legally required steps to address the issue without success. Unless parents prove they were unaware of the absences or made genuine efforts to ensure their children's attendance, they may be found guilty of a misdemeanor, punishable by up to 60 days in jail or a fine. The court will refer the parent and child for counseling, guidance, and other services in such cases. Parents also risk losing custody if their children are declared dependents of the juvenile court.

Parents who fail to comply with court orders to send their children to school or participate in mandated services, such as parenting classes, may face charges of contempt of court.

Contact Victoria Law Today

When dealing with legal issues related to truancy, it is crucial to have the support of experienced professionals. At Victoria Law, our dedicated staff and attorneys are here to assist you. If you or your child is facing truancy-related legal issues, don't hesitate to contact us today. Our team will provide the necessary support and expertise to address your concerns effectively. We are committed to advocating for your rights, exploring all available options, and working towards a favorable outcome. Contact Victoria Law today to get started.