“School Truancy Laws” in Colorado – A Legal Guide

C.R.S. § 22-33-104 is the Colorado truancy statute that requires children to attend school. Juvenile courts can

1. order a child to attend school and
2. order parents to get their children to school.

Truancy is a “status offense” rather than a “crime” because its illegality depends on the person’s age. However, parents who violate a court order to get their kids to school can face criminal charges for contempt of court.

A Colorado criminal defense attorney can help if you or your child has been accused of school truancy. In this article, our legal team will address the following key issues:

• 1. “Truancy” Meaning
• 2. Defenses
• 3. Penalties
• 4. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. “Truancy” Meaning

According to Colorado school attendance law, children aged six to under 17 must attend school for at least:

• 450 hours a year, if they are in half-day kindergarten,
• 900 hours a year, if they are in full-day kindergarten,
• 968 hours a year, if they are not in kindergarten, but still in elementary school, and
• 1,056 hours a year, if they are in secondary school (middle school and high school).

Colorado law also requires the child’s parents or legal custodians to ensure their child meets these goals.¹

Note that for private, independent or parochial schools, students must attend at least 172 days. Certain schools also have a lawfully approved reduced number of required days.¹

Habitual Truancy

A “child who is habitually truant” means a child aged six to 16 years old with either:

• four unexcused absences from public school in any one month; or
• 10 unexcused absences from public school during any academic year (school year)²

Each school district’s local board of education is required to make all reasonable efforts to assist habitually truant children, including

• meeting with the children and their guardians and
• developing plans with local community services groups.

The goal is to maintain school enrollment and prevent the child from dropping out. ³

How Truancy is Prosecuted

The school can begin a truancy case if a child becomes habitually truant. These cases follow the process laid out in C.R.S. 22-33-108.

Notice

A truancy case can be started by:

• the school’s attorney,
• the school’s Attendance Officer, or
• the county Board of Education.

A notice is then sent to the truant student and the parent/guardian. This notice warns the student and parents that they will be required to appear in court if the student’s attendance problem is not corrected.

These notices often have errors. Parents should verify their calendars to determine whether the alleged absences occurred.

Summons

In many cases, a court summons is attached to the notice. Sometimes the summons is issued a few weeks after the truancy notice if the child remains absent.

Court

The court summons sets a court date for the initial hearing. The court date has to be at least five days away. If the student’s attendance problem is resolved by then, the court date will be removed. Otherwise, the student and their parents must appear before the juvenile court.

A child in a school truancy court case has the right to a lawyer during these proceedings. The judge can also require that the child be assessed for such issues as learning disabilities, family discord, etc.

Court Order

If the juvenile court judge determines that C.R.S. 22-33-104 has been violated, they may issue a court order against the student and the student’s parents. This court order requires that steps be taken to ensure the child attends school, and the court will monitor their progress at future court hearings.

If necessary, the court may engage the Colorado Department of Human Services to assist the child in resolving their issues through a “development plan.”

If the juvenile court learns that the court order is not being followed, it can impose penalties and start a contempt of court case.⁴

2. Defenses

Colorado children and parents who have been notified that a truancy case is about to begin have the burden of proving that there is no truancy. Three common defense arguments against a claim that you violated C.R.S. 22-33-104 include the following.

1) The Absences Were Excused

There are plenty of excusable and justifiable reasons for a child not to be in school for several days. Under C.R.S. 22-33-104(2), an excused absence can occur when the child is:

• Hurt or sick and their absence has been approved by the school,
• Suffering from a physical, mental, or emotional disability,
• Suspended from school,
• In jail,
• In a work-study program, or
• Being taught at home.

The attendance requirements of a local school may also specify other excusable absences.

Note that if a child has a valid work permit under the Colorado Youth Employment Opportunity Act of 1971, they also may be able to get an excused absence so they can work.

2) The School Is Not Following Its Own Rules On Truancy

In some cases, the school pursues a truancy case in a way that violates its own attendance policy or the regulations set out in C.R.S. 22-33-108.

These rules are intended to ensure students can have their say and defend against a truancy charge. If a school breaks those rules, it can violate your rights.

3) The Student No Longer Has To Go To School

If a student has already graduated – even if they graduate ahead of schedule – they are no longer required to attend school. Proving graduation can be an effective defense against a truancy charge.

3. Penalties

Unlike many criminal convictions, the penalties for violating Colorado school attendance laws are not fixed. Instead, the juvenile court judge has substantial discretion in imposing appropriate penalties.

If the judge in the local judicial district is not satisfied with the defenses raised by the student or their parents, the judge will issue a court order tailored to the student’s attendance problems and the parents’ ability to get their child to school.

There are penalties for school truancy only if this court order is violated. A common sanction is the student losing their driver’s license or delaying their eligibility to obtain one. Other common punishments are:

• community service,
• probation, and/or
• counseling.

In more serious cases, the court will initiate contempt proceedings against the student and/or the student’s parents. For a truant student, the maximum penalty for contempt of court is 48 hours in Juvi Hall. Juvenile court judges, however, only use this penalty when there are no other options.

In most cases, an alternative solution is reached that enables the student to attend school. For example, school attendance officers can pick up tardy students and bring them to school.⁵

4. Related Offenses

There are several related offenses to school truancy under Colorado state law. Most of these cases are filed after the truancy hearing, when an investigation uncovers evidence of a crime.

• Child abuse (C.R.S. 18-6-401). This law makes it a crime to hurt a child for no reason. It can follow from a truancy case if the school finds evidence that the child is being neglected or abused at home.
• Contributing to the delinquency of a minor (C.R.S. 18-6-701). This statute makes it illegal to urge someone under 18 to break the law. Truancy investigations can uncover evidence that one or both parents are holding a child from school to help commit crimes.
• Sexual assault on a child (C.R.S. 18-3-405). This law prohibits initiating sexual contact with someone under 15. Sexual abuse at home can make children behave erratically. This can lead to truancy investigations that uncover evidence of sexual abuse.

Frequently Asked Questions

What makes a child “habitually truant” in Colorado?

A child aged 6 to 16 is considered habitually truant if they have either 4 unexcused absences in any one month or 10 unexcused absences during any school year. Only unexcused absences count toward truancy – absences for illness, disability, suspension, or other approved reasons are excused.

Can parents go to jail for their child’s truancy?

Parents cannot go to jail directly for truancy, since it’s a status offense, not a crime. However, if a judge issues a court order requiring parents to ensure their child attends school and the parents violate that order, they can face criminal contempt of court charges, which can result in jail time.

What happens when my child gets a truancy notice from school?

The notice warns that you and your child must appear in court if the attendance problem isn’t fixed. Often a court summons is attached or follows within a few weeks. You have at least 5 days before any court date. If your child’s attendance improves before the court date, the hearing may be canceled.

What penalties can a judge give for truancy violations?

Judges have wide discretion in truancy cases. Common penalties include loss of driver’s license, community service, probation, and counseling. In serious cases where court orders are ignored, students can face up to 48 hours in juvenile detention, though judges use this as a last resort when no other options work.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Truancy: It’s Not About Skipping School – Child and Adolescent Social Work Journal.
• Truants’ Perceptions of Family Factors as Causes of School Truancy and Non-attendance – Journal of Psychology.
• Contributing to Delinquency: An Exercise in Judicial Speculation – Akron Law Review.
• Factors Contributing to Juvenile Delinquency – American Institute of Criminal Law & Criminology.
• Contributing to Delinquency – St. Louis University Law Journal.

See also the Colorado Department of Education’s Attendance Policy.

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Legal References