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 primarily governed by the state's education statutes, which mandate compulsory school attendance for children between the ages of 6 and 16. When a student is habitually truant, schools are required to investigate the cause of the absences and take steps to resolve the issues. If these efforts fail, the school may refer the case to the local child protective services or to the court system. Under the Family Court Act, a child who is habitually absent from school without a valid excuse may be found to be a 'Person in Need of Supervision' (PINS). The PINS process can lead to various outcomes, including probation, counseling, or educational services, all aimed at improving attendance and addressing the underlying causes of truancy. The focus is on the best interest of the child, with the goal of providing support rather than punishment. Parents or guardians may also face consequences under educational neglect laws if they contribute to the child's truancy.