Despite what many people think, refusing to go to school is not a crime. Schools will typically contact the parents if a child racks up excessive unexcused absences. If the parents refuse to work with the school to improve the child’s attendance, they may face criminal penalties. However, for the most part, nobody has the right to arrest a child for refusing to go to class.

Most school districts have truancy officers who oversee a child’s school attendance and step in when a student is habitually truant. They ensure that all students are accounted for and that the school contacts parents whose children refuse to attend school.

Truancy officers do not have the power to arrest students or demand that the local police arrest them — at least not in the traditional sense. Truant officers in public and private schools can “arrest” or detain a student who has missed too many school days, but they cannot make a criminal arrest.

School officials can only arrest them in the sense that they can return them to school or their home. They can also request that social services get involved. They cannot take the student to jail. Sometimes, an attendance officer’s arrest may lead to juvenile proceedings. It depends on your state’s laws.

Even though children cannot go to jail for habitually missing school, that doesn’t mean parents are off the hook. Several states have laws that hold parents criminally responsible when their children miss too many days in a given school year.

Usually, the school notifies the juvenile courts that a parent or legal guardian allows their children to miss school.

The juvenile court judge may issue an order stating that the parents must do some or all of the following: 1) Personally deliver their child to school every day, 2) Arrange for their child (or family) to go to counseling or 3) Take mandatory parenting classes

If the parent doesn’t comply with the court order, they may face fines and jail time. Violating this court order can also result in the parent facing criminal charges in adult court.

The courts have also emphasized that states like California have truancy laws to encourage education. The courts don’t want these laws to be punitive. However, not all states treat truancy the same way.

In some states, parents face fines and jail time if their child habitually refuses to attend class. For example, in 2024, the court sentenced Tamarae LaRue, a single mother, to 15 days in jail after her 5-year-old missed 14 days in less than five months. The state Supreme Court affirmed the lower court’s findings, arguing that LaRue’s child’s school attendance record warranted the jail sentence.

If you or a loved one is in a bind as a result of criminal allegations, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.