Washington State Law requires children between the age of 8 and 17 attend school regularly (if the child is between the ages of 6-8 and enrolled in school, the law also applies). Schools are required to take data informed steps to address unexcused absences (truancies), including conferencing with the parent(s), prior to filing a truancy petition. A Truancy Petition is filed when:
- A student has seven (7) or more unexcused absences in one month; or
- A student has fifteen (15) or more unexcused absences in one year.
Schools can determine whether to file the Truancy Petition against the parent, the student, or both. Generally, if the student is in elementary school, it’s deemed the parent’s responsibility to see their child attends school regularly and communicates with the school regarding all absences. Schools will therefore typically file a truancy petition on the parent of elementary school students. For middle and high school students, the school will typically file the truancy petition on the student, but can also file on the parent, or both. Once the school files a truancy petition, the following process occurs:
- The petition is referred to the juvenile court for review, checking the petition is complete and then an order to stay the petition is entered by a Judicial Officer.
- The student, parent, or both are then referred to a Community Engagement Board.
- An agreement is entered at the Community Engagement Board, identifying barriers and steps to be taken to overcome the attendance issues, establishing the length of time the petition will be stayed, which is then filed with the Clerk.
- If the student continues to have unexcused absences, the school can file a motion to lift the stay, and have the student, parent, or both summoned to court for a hearing.If the student, parent, or both refuses to attend the community engagement board, a motion to lift the stay may be entered, and the student, parent, or both summoned to court for a hearing.
Court Hearings
It’s expected the school filing the petition, as well as the student, parent, or both (depending on who the petition was filed against) appear for their scheduled truancy hearing. If the Court determines the student, parent, or both, are in violation of the attendance requirements, and proper steps have been taken to correct without success, then an order of truancy can be entered, establishing jurisdiction of the Court and requiring the student to attend school with no further unexcused absences. Failing to abide by a Court order may result in a contempt hearing and further review of the matter before a Judicial Officer.
