Full question:
My 2nd grader has 17 days of unexcused absences. I notified the school when he was going to be out for vacation with family or sick. Never warned of legal action. I am now charged with truancy and have a court date. What is going to happen? This is the 1st time I have ever had legal action with the school system. I am a nurse and if I have crimal charges I can loose my license.
- Category: Education
- Subcategory: Compulsory Education
- Date:
- State: West Virginia
Answer:
If convicted of aiding or abetting truancy, you may face a misdemeanor charge with a fine. A court hearing will take place, and the judge might suspend the sentence for sixty days. If your child attends school every day during this period, the charges could be dismissed.
Before criminal charges can be filed, a parent must receive written notice after five consecutive or ten total unexcused absences. This notice requires the parent to meet with the school principal or designated representative to discuss the absences. If you did not receive this notice, it could serve as a defense against the charges.
I recommend consulting a local attorney who can review your situation and provide guidance. Relevant statutes include West Virginia Code § 18-8-7 regarding aiding or abetting truancy and § 18-8-2 regarding penalties for failure to ensure school attendance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.