A truant is a student who stays away from school without permission or an explanation. Truancy laws are designed to encourage school attendance by creating simple court procedures through which children are held accountable for excessive school absences. The courts focus on the best interest of the child when addressing the truant conduct of a child.
Truant conduct is usually prosecuted or addressed as a civil (noncriminal) matter, and the definition and procedures for dealing with truancy are usually located in a state's statutes—often in the family code or education code.
In New York, truancy laws are established to ensure that children attend school regularly, as education is considered essential for a child's development. Under the New York Education Law, children between the ages of 6 and 16 are required to attend full-time instruction. Truancy is addressed primarily through the school district's policies and the intervention of school officials. When a student is habitually truant, the school is required to investigate the cause and take steps to resolve the issue, which may include involving the child's parents or guardians. If these efforts fail, the matter can be referred to the court system. In New York, cases of truancy are typically handled in Family Court under the Persons in Need of Supervision (PINS) program. This program allows the court to intervene and provide supervision for children who are not charged with a crime but are exhibiting behaviors such as chronic truancy. The focus of the court is on the best interest of the child, with the goal of providing services and supervision to encourage school attendance and address the underlying issues contributing to the truant behavior.