TRUANCY LAWS

Schools, local law enforcement, prosecutors, parents and students need to cooperate to ensure that Arizona's truancy laws are upheld. Both students and parents may be prosecuted for violations related to truancy.

A.R.S. § 15-802 (A): Every child between the ages of six and sixteen years shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies and science. The person who has custody of the child shall choose a public, private, charter or home school as defined in this section to provide instruction.

A.R.S. § 15-803 (B): A child who is habitually truant or who has excessive absences may be adjudicated an incorrigible child as defined in § 8-201. Absences may be considered excessive when the number of absent days exceeds ten percent of the number of required attendance days prescribed in § 15-802, subsection B, paragraph 1. Arizona law also holds parents accountable for enrolling children in school and ensuring that child's attendance for the full time school is in session.

A.R.S. § 15-802 (E): Unless otherwise exempted in this section or § 15-803, a parent of a child between six and sixteen years of age or a person who has custody of a child who does not provide instruction in a home school and who fails to enroll or fails to ensure that the child attends a public, private or charter school pursuant to this section is guilty of a class 3 misdemeanor. A parent who fails to comply with the duty to file an affidavit of intent to provide instruction in a home school is guilty of a petty offense.

A.R.S. § 13-3613 (A): A person who by an act, causes, encourages or contributes to the dependency or delinquency of a child, as defined by § 13-3612, or who for any cause is responsible therefore is guilty of a class 1 misdemeanor.

Prior to a truancy citation being sent to court, a truant juvenile may have been given warnings by the school, been involved in the CUTS program through school, and may have been given an opportunity for diversion by the Maricopa County Juvenile Probation Department. Often, juveniles are eligible for diversion if it is a first or second misdemeanor or incorrigible offense that is not graffiti or DUI related and if the juvenile has never been to court before.

Once the truancy petition reaches the court, the case is set for advisory before the assigned judge. Although truancy is an incorrigible offense, courts have recently been appointing counsel to represent juveniles in nearly every case. At the advisory session, the juvenile is told the charges against him and given an opportunity to enter a plea.

If the juvenile has an open criminal or delinquency petition with the court, the lesser incorrigible offense may be dropped as part of a plea agreement. Otherwise, the juvenile will be required to "plead to the charge." If the juvenile chooses to go to trial, an adjudication date will be set and witnesses will be subpoenaed to come to court, which generally include school staff, parents, or others with knowledge of the case. At the time of trial, the prosecutor will present its case and the juvenile's defense will have an opportunity to question the witnesses and present a defense.

Once the juvenile has either pled to the truancy charge or has been adjudicated of the offense, the court has a range of sentences or "dispositions" available as consequences, including probation (summary, standard, intensive), community service, counseling, educational classes and fines.

If the only offense for which the juvenile has been adjudicated is an incorrigible offense, the court cannot use detention or commitment to the Department of Corrections as a consequence.

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