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 Carolina, truancy laws are established to ensure that children attend school regularly. According to the South Carolina Code of Laws (Section 59-65-10 et seq.), a child between the ages of 5 and 17 is required to attend a public or private school or kindergarten. A student is considered truant when they have three consecutive unexcused absences or a total of five unexcused absences. The school is required to intervene with a plan to improve attendance after three consecutive unexcused absences. If interventions fail and unexcused absences continue, the matter may be referred to the family court. The court proceedings focus on the best interest of the child, aiming to address the underlying issues causing truancy and to provide appropriate interventions. The process is civil in nature, and the goal is to correct the truant behavior rather than to punish the student. Parents or guardians may also be held accountable under the law if they contribute to the child's truancy.