Everyone knows that divorce can impact children, especially mentally and emotionally. However, what people do not realize is that divorce can also impact a child’s educational well-being.
One issue that arises frequently in family law cases is truancy. Truancy is “the action of staying away from school without good reason; absenteeism.”
It is not uncommon in my practice as a family law attorney to see children missing school or witness a decline in their academic performance. I recently had a case where a child was tardy or absent from school 53 times in one quarter (mind you this child was only in seventh grade, so this was very concerning).
Studies have shown that habitual truancy can have significant consequences. Students who are frequently absent from school are more likely to fall behind academically, drop out of school, use drugs and alcohol or be involved in the criminal justice system.
States have laws regarding truancy. In the State of Missouri there the “Compulsory Attendance Law.” RSMo Section 167.031 states that: any parent, guardian or other person having custody or control of a child between the ages of seven (7) and the compulsory attendance age for the district, must ensure that the child is enrolled in and regularly attends public, private, parochial, home school or a combination of schools for the full term of the school year.
- The term “compulsory attendance age for the district” shall mean seventeen (17) years of age or having successfully completed sixteen (16) credits towards high school graduation in all other cases.
- Children between the ages of five (5) and seven (7) are not required to be enrolled in school. However, if they are enrolled in a public school their parent, guardian or custodian must ensure that they regularly attend.
There are some exceptions to this law, but the bottom line is the parent or guardian’s responsibility to ensure that a child is attending school. A violation of the Compulsory Attendance Law can result a class C misdemeanor and potential penalties include jail time.
Certain counties, such as St. Louis City, have truancy courts which deal with chronic absenteeism. In truancy court, parents are held accountable if a child has numerous absences. These counties also may have diversion programs designed to provide families with services and prevent children from dropping out school.
Do you have a child in your life that is habitually truant or a victim of educational neglect? Contact The Shah Law Firm, LLC to schedule a consultation.
