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 Virginia, truancy and the related laws are primarily governed by the state's education code. The Commonwealth mandates compulsory school attendance for children aged 5 to 18, and it is the responsibility of parents to ensure their child attends school regularly. When a student accumulates a certain number of unexcused absences, the school is required to take action. This typically starts with notifying the parents and may escalate to the development of a plan to resolve the student's nonattendance. If absences continue, the school may file a complaint with the juvenile and domestic relations court. In court, the focus is on the best interest of the child, with possible interventions including counseling, community service, or enrollment in an alternative education program. The goal is to address the underlying issues causing truancy rather than to punish the student. However, parents can also be held accountable and, in some cases, may face civil penalties if they fail to comply with compulsory attendance laws.