In every state, children between certain minimum and maximum ages are subject to compulsory attendance laws, and are deemed truant if they miss one or more days of school for unexcused reasons. Truancy is related but distinct from chronic absenteeism, which includes excused as well as unexcused absences. In most states, truancy violations can trigger criminal charges against youth and/or their parents or guardians that can lead to fines, other court-imposed penalties (e.g. community service or a suspension of drivers’ licenses), and time sentenced to jail or youth detention.
Oklahoma’s compulsory education law applies to all children over the age of 5 and under the age of 18. State statute declares that it is unlawful both for a parent, guardian or other person having custody of a child to neglect or refuse to cause or compel their child to attend school, and for a child between the ages of 12 and 18 who has not completed four years of high school to neglect or refuse to attend school.
Violating the compulsory education provisions constitute a misdemeanor offense. The penalties set out in state law include a range of possible fines and jail time, and are the same for parents and children. Fines range from a minimum of $25 for a first occurrence to a maximum of $250 for third and subsequent occurrence, and can be accompanied by jail time of five to 15 days. A truancy referral can be triggered by as few as four or five unexcused absences. In practice, there is tremendous variation in when or whether unexcused absences lead schools to refer cases to legal authorities and to prosecutors filing charges against parents or students.