What You Should Know About Truancy in Kansas
In Kansas, truancy is defined as "any intentional and unjustified act of a child to be absent from school." It can include skipping school entirely for a day, cutting class for part of the day, or being tardy to school. While the definition of truancy may seem simple, it is a serious issue that has important consequences for parents, students, and schools.
Childhood truancy can have serious short- and long-term effects on children, such as criminal behavior, substance abuse, early sexual activity, and poor academic performance. Lack of education is associated with a higher probability of poverty. Children who have no formal education often find themselves in low-paying, entry level jobs with few benefits.
Truancy is primarily a problem of primary and secondary schools. In Kansas, truancy laws apply only to children who are enrolled in a school that is required to establish a truancy policy. All public schools must establish policies regarding this kind of absenteeism. Kansas law also requires that "the parents and guardians of such pupil and the pupil shall be subject to the penalty provisions" set out in the law . Thus, parents and guardians play an important role in ensuring that their child attends school regularly. Moreover, it is critical that these students not fall behind their classmates, which further emphasizes the need for support and intervention.
Schools where truancy is a concern may need to look at a wide variety of programs to help increase attendance. Schools have implemented programs such as incentives like school events, pep rallies, or pizza parties for students who have perfect or good attendance. Others, like Truant’s Anonymous, support parents of truant children by offering parenting courses and support groups. Some schools have tried staff on specialized truancy reduction teams who work with students and families to overcome barriers to attendance. In some cases, parents and guardians can face criminal prosecutions for their child’s truancy.
When children do not go to school regularly, parents, the child, and the school all suffer. This is why truancy prevention is a primary focus in elementary through high school.
Truancy Laws in Kansas Explained
A thorough understanding of truancy laws in Kansas includes knowing about the truancy laws in Kansas which clarify who is required to attend school and outline the consequences of failing to do so. Specifically, K.S.A. 72-1111 is the legislative pronouncement of the truancy laws in Kansas. These provisions explain who is required to attend school, in what grades and at what ages.
All pupils between the ages of seven (7) and eighteen (18), except those exempt from such obligation by law, must be enrolled in school and faithfully attend the required number of days as established by K.S.A. 72-3113 and the rules and regulations of the board of education of the school district in which the pupils reside.
If the pupil is five (5) years old on or before September 1 of the current school year and has not attained eighteen (18) years of age, it is recommended that the pupil be required to attend school.
When a pupil is enrolled in school, the pupil is required to attend one of the following public or private schools within the state of Kansas:
(a) Public school;
(b) Private school accredited by the state board of education or accredited and approved by the state board of education;
(c) Non-accredited private school; provided, that the school must provide instruction of at least four hours in the subjects prescribed for the other public schools and those subjects may be taught in six, two-hour sessions in a week;
(d) Home school that meets the requirements of subsection a, b or c of this section; provided, that a parent or other person responsible for a child who wishes to make the election for such child in accordance with K.S.A. 72-3122 or 72-3709 requires that the child receive instruction at least four hours in the subjects prescribed for the other public schools, and such subjects may be taught in six, two-hour sessions in a week.
The truancy laws in Kansas further explain what is not the responsibility of children in Kansas.
Absence from school is not required to be considered truancy if the absence was due to any of the following:
(a) A medical condition;
(b) a religious reason;
(c) a natural disaster;
(d) a catastrophic event; or
(e) an emergency which prohibits attendance.
It is important to note that if the pupil admits to a truancy and understands why they were absent, the legal culpability for the truancy may rest with the pupil and have no civil or criminal implications for the parent, guardian or custodian of the truant.
Kansas truancy laws further explains the circumstances under which a child may not be excused from school, but the parent, guardian or custodian will be subject to a fine or other punishment or both if the child is found to be truant.
If a pupil committed truancy and the attendance officer has notified the pupil’s parents, guardian or person in charge of the pupil that the pupil is truant and the pupil has additional unexcused absences, the officer must refer the matter to the county or district attorney for further action.
Kansas truancy laws further describes what fines may be imposed, who may impose the fines and under what conditions, what required education may be imposed instead of the fine, and what the fines are for repeat offenses.
These provisions detail the circumstances under which a pupil is not required to attend school.
What Happens if Your Child is Truant in Kansas?
Truancy can have significant consequences for both students and parents. Under K.S.A. 72-1113, students with three consecutive unexcused absences or seven unexcused absences within a semester may face juvenile prosecution. K.S.A. 72-1130 allows for $100 to $500 fines for each violation. Those penalties increase with the number of violations (e.g. one violation is $100, two violations are $200, etc.). Further, the court can order the student to participate in a juvenile offender program. In some cases, a student may even be placed in confinement for up to one year. This confinement is often within a juvenile detention facility, but may also be in the home. If placed in the home, the child may be required to wear an electronic monitoring device as a condition of confinement in lieu of traditional detention. Failure to abide by the court’s order could result in the child being placed in a juvenile facilities such as the Shawnee County Juvenile Detention Facility or the Topeka Juvenile Detention Center.
Parents of truant children may also find themselves in court if their child is convicted of truancy. K.S.A. 72-1130 creates a moral and legal obligation to ensure a child’s attendance at school. Under this statute, schools may make generalized inquiries to parents regarding the whereabouts and activities of a child during school hours. A refusal to provide information to the school may be an element of the offense. A violation of K.S.A. 72-1130 is a class C misdemeanor. Class C misdemeanors carry a possible punishment of 30 days in jail and/or a $500 fine.
There may be other civil and criminal penalties for a parent’s failure to compel their child’s attendance. For example, both parents of a child who is habitually truant may be ordered to pay an amount sufficient to discharge any penalties imposed upon the child. Conviction under K.S.A. 72-1130 create a rebuttable presumption that the parent failed to compel their child’s attendance. Those parents who comply with the court’s orders and are unable to discharge penalties imposed upon their child may avoid civil judgment under K.S.A. 72-1130.
Habitual truancy may also violate K.S.A. 21-6604 (Lightest Sentencing Rule). The sentence provided for habitual truant students shall be aggravated by the existence of the truant conviction. Such convictions may be prosecuted as beyond a reasonable doubt or as a "serious violation." Serious violations will increase the incarceration of the defendant and the fines imposed.
Kansas Schools and the Role in Truancy
Beyond the legal ramifications, truancy can have a significant impact on the academic and social development of a child. Only minutes away from truancy court, truancy officers Julie Meyer and Janet Strutt of the Shawnee Mission School District sit down to discuss how Shawnee Mission addresses truancy issues and the role they play in the truancy court process.
KC Law Blog: What is the primary goal of the Shawnee Mission School District truancy officer?
SMSD: The most important thing is to get students to school. That may mean engaging the whole family, but we do everything we can to get them to school.
KC Law Blog: How does the process generally work?
SMSD: It starts with the school, typically the attendance office or counselor, who attempts to contact the family. In the Shawnee Mission School District, after 14 absences, the student is in non-compliance. At 20 absences, a school truancy officer will usually get involved and will also make contact with the family.
KC Law Blog: Outside of truancy problems, do you ever see other issues with a student that may need to be handled?
SMSD: Yes, when we begin working with a family, we may see that there are other issues that are preventing a student from attending school, such as bullying, or even child abuse, drug use, or a mental health issue.
KC Law Blog: How do you determine the parent’s role in improving attendance?
SMSD: The first goal is for the parents to attend mediation, which is done with both parties present. If the mediation is not successful, we move to a plan of action. What we need from the parent is communication, and an understanding that [truancy] is a problem.
KC Law Blog: The parenting classes required by truancy court, do you view these as motivating factors for parents?
SMSD: I think it’s about parents being involved, being supported, and showing their kids that education is important. What we see often is that the parent doesn’t know why the child isn’t going to school, and no one has ever told them that education is important.
KC Law Blog: After a truancy officer is involved and a mediation is unsuccessful, what other options are there?
SMSD: It depends on the level of cooperation we are getting from the parent. In the past, we’ve had parents come to court and request to be in a parenting class, so we assist families in attending one. That’s the first step. If the truancy officer doesn’t feel like the family is making any effort, and they aren’t coming to any mediation or meeting, we may ask the Court to intervene.
KC Law Blog: How often are truancy cases taken to truancy court?
SMSD: I’d say about 16-20 cases go to truancy court each year.
KC Law Blog: Has this number increased over the years?
SMSD: No, I think people are beginning to understand the importance of education, and I think schools and parents are working hard to make a collaborative effort to improve attendance.
Parents’ Legal Rights and Responsibilities on Truancy in Kansas
Kansas truancy laws require a parent to:
Make sure any intelligent child "between" 7 and 18 years old is enrolled in school
Notify the school of the child’s absence and the reason (parents can designate another responsible adult)
Make sure the child is punctual and regular in school attendance
Make sure the child stays in school until school officials "otherwise authorize" their withdrawal
What happens when a parent fails to do either of the things mandated by the statute – makes their kid go to school or not withdraw them from school?
Under the law, nothing happens. A parent cannot be criminally charged or civilly sued for making their kid go to school or not make their kid go to school. (note: if you were ordered by a judge to not make your kid go to school and then did make your kid go to school, you just did something criminally wrong, but that is rarely the case).
But under the law, Kansas truancy laws do hold the parent criminally responsible for not making their child go to school and withdraw their child from school after the case in done . The truancy law in Kansas allows for the following consequences:
Prison – Up to 30 days for each child
Community Service – Up to 40 hours for each child
Fines – Up to $100 (Each Failure) for each child
Order – Directed to "take steps" to ensure child attends school
Order – Make them go to school in order to avoid jail time
Order – Require them to stay home and never go to school again
However, prosecution under the Kansas truancy laws does not occur until after the case is closed and the parent gets ordered to make their kid go to school or not make their kid go to school.
So we call it best practice for the prosecutor to make sure the circumstances of the case are as follows:
Case Closed
Order to Make the child go to school (or not make them go to school)
Parent doesn’t do the order
Parent gets prosecuted – so if your kid gets a truancy citation, remember, your attorney has the ability to prevent you from getting prosecuted. Again, this information is not legal advice, you should consult an attorney for specific advice on your case.
Interventions, Resources, and Support for Kansas Children Who Are Truant
In response to concerns about excessive absences, legislators have implemented several laws in Kansas aimed at providing students and families greater intervention and support. These provisions include:
1. School Building Plans
Every school district must identify, in their annual school improvement plans, strategies for improving the attendance and promoting the re-enrollment of children who have dropped out of school or are at risk of dropping out.
2. School Attendance Reports
The school district board must annually publish a report containing the total expulsions and out-of-school suspensions for each school in the district for the previous year.
3. Family Services
The State Board is required to provide substitute teaching services, as specified in K.S.A. 72-6435, for students who are experiencing homelessness and who are not attending school as a result of the child’s homeless status. The State Board may charge the public school finance fund for the costs required pursuant to this provision.
Other Laws Affecting School Attendance
Since the 1980s, Kansas has had laws in place that address the length of school days and school year, including such things as the school calendar, authorized holidays, school breaks, and so on. These laws vary dependent on the school level, such as for preschoolers, regular school year, summer school, after-school programs, and the like. In addition, legislative rules were enacted related to attendance for certain short-term programs, such as for pregnant or parenting students.
There are also provisions relevant to school district policies, administrative procedures, and local ordinances that support school attendance.
Overview of Recent Amendments and Changes to Kansas’ Truancy Laws
One of the most notable changes to truancy laws recently has been the passage of legislation that requires schools to adopt policies that keep students in school and prevent excessive absenteeism. House Bill 2601, which took effect at the start of the 2023 school year, mandates that school districts adopt a policy aimed at reducing chronic absenteeism, rather than just punishing students with excessive absences. This policy is intended to be preventative and supportive, rather than solely punitive, to help ensure that students remain engaged in their education.
Another significant recent addition to Kansas truancy laws is the Kansas Education Protection Act (KEPA), which establishes penalties for parents of students who are habitually truant. Under KEPA, parents or guardians who fail to ensure that their child attends school regularly may be held criminally liable if the student is found to be consistently truant. This law is aimed at ensuring that parents are held accountable for their child’s absences and that children do not fall behind in their studies due to lack of attendance.
Additionally, schools now have to create and submit data to the Kansas State Department of Education on the number of students who miss 5 percent or more of the preceding school year due to excused absences. This data is used to measure and address chronic absenteeism, which can have a detrimental effect on a student’s ability to succeed academically. By tracking these absences, schools are able to identify those at risk of falling behind and intervene before it becomes a larger problem.
Overall, recent changes to truancy laws aim to target and address chronic absenteeism in Kansas, while focusing on maintaining students in school rather than simply punishing them for their absences. By requiring schools to adopt more supportive and preventative policies, the state of Kansas hopes to prevent these absences and help students succeed.
Legal Issues Surrounding Parents Duty to Reduce or Eliminate Child’s Truancy
In conclusion, truancy is an issue that has ramifications that go beyond the classroom. For students who do not consistently attend school, this could be a symptom of a range of underlying issues that require support from the school and parents alike. In terms of broad educational outcomes, truancy in children makes them 7 times more likely to drop out of school, less likely to find full-time employment and more likely to rely on government services as adults. So, truancy prevention directly impacts their future economic contributions and involvements with government agencies . That said, schools cannot address truancy on their own and it is particularly important for schools and parents to work together in addressing truancy. As a first step, you should read this blog post and the linked sections so that you have a basic knowledge of truancy laws. Then, engage your teachers, parents, other parents, school administrators, coaches, and other stakeholders in the school and your community to make a plan for addressing truancy issues in your school.