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 South Dakota, truancy laws are established to ensure that children attend school regularly. According to South Dakota Codified Laws (SDCL), compulsory school attendance is required for children ages 6 to 18. Truancy is defined as a child being absent from school without permission. When a student is habitually truant, schools are required to report this to the state's attorney's office. The state's attorney may then file a petition for a child in need of supervision (CHINS) in juvenile court. The court proceedings focus on the best interest of the child, with the goal of resolving the underlying issues causing truancy. The court may order various interventions, such as counseling or educational support, rather than punitive measures. Parents or guardians may also be held accountable for their child's truancy and could face penalties if they fail to ensure their child's attendance at school.