Do I have to go to school?
“Education is the very foundation of good citizenship.” ~U.S. Supreme Court, Brown v. Board of Education, 347 US 483 (1954).
By law, all children in the U.S. are required to go to school.* Public education is free, as is transportation to and from school (in most communities), and breakfast and lunch programs are provided for qualifying students. Private school education is also an option, as long as the minimum state compulsory attendance requirements are met. States differ on the minimum age to begin your education. Some require children who are five or six years old by a certain date (September 1, for example) to begin first grade. The rules vary slightly from state to state. In most states, parents who fail to send their children to school may be charged with education neglect. Consequences include community service hours, counseling, and/or jail. There are a few exceptions to the general attendance laws.
Between 1999 and 2003, the number of young people being homeschooled increased by 29% to approximately 1.1 million students.
Source: Homeschooling in the United States: 2003,U.S. Department of Education
With the permission of your school district, you may be allowed to study at home. If you′re home schooled, you′ll be tested on a regular basis to monitor your progress. Some parents are also sending their children to charter schools—smaller, specialized programs approved or licensed by the state department of education. In other words, you and your parents are free to decide the nature of your education and where you will attend school.
Photo by D. Sharon Pruitt
Exceptions are made for students who fall into exempt categories, such as actors and actresses. Child labor laws allow young people to work certain hours during the school year, but the laws specify that their educational needs must be met through a tutor or some other arrangement.
Before starting school or transferring from one school to another, you must be current on all required immunizations. The school will want to see a record of your shots or a letter from your doctor. Most schools have the forms you need to file. If you′re not up-to-date on your shots, or if you don′t have a doctor, talk with the school nurse or principal. Arrangements may be made with the local health department to give you the needed immunizations. In most states, you′re required to be vaccinated against diphtheria, measles, rubella, and polio. Opt-out exceptions are permitted in a number of states based on personal beliefs.
Elementary school education first became mandatory in the United States in 1918. Find our more information about compulsory attendance and for how long you are required to stay in school.
*This applies to children in elementary and high school regardless of immigration status. The U.S. Supreme Court decided in 1982 that children in the country illegally may enroll in public school. The court said that denying public education could impose a lifetime of hardship “on a class of children not accountable for their disabling status.” (Plyer v. Doe, 103 S.Ct. 14, 457 U.S. 202 (1982))
“Education is like water, it is important for everything in life.” [17-year-old Jahan, a Pakistani schoolgirl - from "Three Cups of Tea" by Greg Mortenson & David Relin (2006)].
“Ah, a man’s reach should exceed his grasp, or what’s a heaven for?” poet Robert Browning.
This post was written by Tom Jacobs. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.
how many unexused absenses can you have before getting truancy?
Dear Xavier: It depends on the laws of your state as well as the rules and policies of your school district. Check your Student Handbook for your school’s attendance policies and it should state exactly how many unexcused absences your allowed before facing consequences for truancy. Good luck.
(This is information only – not legal advice.)
Is it illegal not to have q 7th period?
Dear Victor: How many hours a student must be in school during the week depends on the compulsory attendance laws in that state. Once a student is in high school, it’s common for some students to not have a first or last period of the day especially if it’s their senior year and they already have plenty of credits to graduate. You could try Googling your state’s name and “compulsory attendance law” for more information. You also could check your school’s Student Handbook to see what it says about attendance. Good luck.
(This is information only – not legal advice.)
my 15 year old son has not been in school for over a year lives where ever he wants to father ,aunt i contacted the school board last year and nothing was done we live in polk county florida i even talk to an officer at the school and nothing has been done what do i do
Dear Katina: You can check with your local juvenile court for help with your son. It sounds like he fits the description of an “incorrigible child.” The court may have programs to get his attention and back on track. Google “Florida incorrigible child” for information. Good luck.
(This is information only – not legal advice).
if i am a senior in high school, and i am 18 years of age, can i still get a truancy ticket even though i am 18 years old?
Dear Nathan: That depends on the laws that apply to you. Google the name of your state and “truancy” for information. If, for example, you’re on probation or parole and the court requires that you attend school, then you have to follow the court’s orders. Your state may require that everyone attend school until they finish high school regardless of age. You can also Google “compulsory attendance laws” and your state for further information. Good luck.
(This is information only – not legal advice).
I got a court notice in the mail and this will be my fourth time going for truancy. What will the consequence be for my fourth time if I’m 16?
Dear Jackie: You’ll have to check either your student handbook about this, ask your attendance officer at school, or Google the name of your state and “truancy laws” for information. Every state handles truancy cases differently. You could be placed on probation with the court if formal charges are filed, or be required to attend a class about the importance of getting an education, etc. Some states impose a penalty on the parents for failing to see that their kids stay in school: a fine, community service and even jail time in serious cases. Good luck.
(This is information only – not legal advice).
i am 12 years old and I have been sick! This is the 12th week of school. I have missed 8 days all together. They were NOT in a row!!! Will my parents go to court or get fined? How many days can get in one year of school to miss? I live in nevada
Dear Dester: Take a look at your Student Handbook for the rules about excused and unexcused absences. It should state the number of days before the school takes action. You can also ask your attendance officer at school. You may be getting close to the limit so check into this soon. Good luck.
(This is information only – not legal advice).
I live in Va and go to a county high school. Will my parents get in trouble if I start missing a lot of days? I mean if I go to school like three days a week. I have already missed 13 days this year and they haven’t said anything.
Dear Noelle: Take a look at your Student Handbook for information about the consequences of missing too many days. Every state and school district has rules about this and the penalties for violating the rules. In Virginia, your parents may be fined up to $1,000.00 or be sent to jail for up to six months if the court finds that they violated the education laws and neglected to see that you were in school everyday unless the absence was excused under the rules of the school. Don’t put your parents in this situation. Good luck.
(This is information only – not legal advice).
I live in New Mexico and my boyfriend has been ditching school. He’s 14 and he got a court notice. This is his second time going. What will happen to him?
Dear Maria: Since this is his second time in court, he may be given some community service to complete, or ordered to attend a truancy class or counseling. If he continues to ditch school, he may find himself going to detention school. Many juvenile courts around the country have an official school for kids who are locked up. If that’s the only way the judge will know he’s attending, that may be his next stop. Good luck.
(This is information only – not legal advice).