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 addressed under SDCL 26-7A-4, which defines a 'child in need of supervision' as one who is habitually truant from school. When a child is found to be truant, the case is typically handled through the juvenile court system, which is a civil court. The court's primary concern is the best interest of the child, and it may order various interventions to address the truancy. These can include counseling, educational evaluations, community service, or other measures aimed at improving school attendance. The goal is not to punish the child but to correct the behavior and ensure the child receives an education. Parents or guardians may also be involved in the process, as they are responsible for their child's attendance under state law.