Truancy
House Bill (HB) 410 is the new Truancy Law in Ohio. It changes the truancy definition from days to hours.
HB 410 Fact Sheet:
Juvenile Courts
On April 6, 2017, the provisions of HB 410 that apply to juvenile courts went into effect. HB 410 was passed by the General Assembly and signed by Governor Kasich in December 2017. Several provisions of HB 410 apply directly to juvenile courts and these provisions are outlined below.
Background:
HB 410’s truancy provisions bring Ohio law in compliance with federal law and reduce the number of students referred for formal juvenile court processing for missing school. During interviews with juvenile court judges across the state, many judges reported that truancy cases were a large part of the juvenile court’s caseload and courts struggle with finding resources to address students’ absences.
HB 410 is based on the premise that schools and other community entities – such as mental health and substance abuse, child welfare, and developmental disability agencies, providers, or local non-profits – can begin to intervene with students in a holistic, collaborative way that addresses students’ underlying reasons for absence, such as substance abuse, family needs or conflict, a lack of resources (i.e. no access to laundry), transportation, or other issues, that may not require court intervention.
Truancy and Court Involvement:
After the start of the 2017-2018 school year, students can only be referred to the juvenile after the school has worked to reengage the student in school for 60 days. HB 410 addresses how juvenile courts handle truancy by:
#1: Changing the truancy definition from days to hours.
The definition of “habitual truancy” moves to defining truancy in terms of days missed to hours missed, meaning under HB 410 a student is considered to be a habitual truant if they have missed:
HB 410 [ORC § 2151.011(18)] Prior law
30 or more consecutive school hours 5 or more consecutive school days
42 or more hours in one school month 7 school days in one school month
72 or more hours in a school year 12 or more school days in a school year
Because of the new hourly attendance law, a student that is either tardy to school, or who leaves early from school, will have that time added to their hours of school time missed.
#2: Using formal filing for truancy as a last resort.
Under HB 410, once a juvenile court receives an unruly filing based solely on truancy, the court must consider an adjudication alternative – 1) diversion, 2) using the Juvenile Rules of Procedure or, 3) any other means – unless an alternative is not available or the child has already participated in or failed to complete the alternative.
HB 410 Fact Sheet:
Juvenile Courts
On April 6, 2017, the provisions of HB 410 that apply to juvenile courts went into effect. HB 410 was passed by the General Assembly and signed by Governor Kasich in December 2017. Several provisions of HB 410 apply directly to juvenile courts and these provisions are outlined below.
Background:
HB 410’s truancy provisions bring Ohio law in compliance with federal law and reduce the number of students referred for formal juvenile court processing for missing school. During interviews with juvenile court judges across the state, many judges reported that truancy cases were a large part of the juvenile court’s caseload and courts struggle with finding resources to address students’ absences.
HB 410 is based on the premise that schools and other community entities – such as mental health and substance abuse, child welfare, and developmental disability agencies, providers, or local non-profits – can begin to intervene with students in a holistic, collaborative way that addresses students’ underlying reasons for absence, such as substance abuse, family needs or conflict, a lack of resources (i.e. no access to laundry), transportation, or other issues, that may not require court intervention.
Truancy and Court Involvement:
After the start of the 2017-2018 school year, students can only be referred to the juvenile after the school has worked to reengage the student in school for 60 days. HB 410 addresses how juvenile courts handle truancy by:
#1: Changing the truancy definition from days to hours.
The definition of “habitual truancy” moves to defining truancy in terms of days missed to hours missed, meaning under HB 410 a student is considered to be a habitual truant if they have missed:
HB 410 [ORC § 2151.011(18)] Prior law
30 or more consecutive school hours 5 or more consecutive school days
42 or more hours in one school month 7 school days in one school month
72 or more hours in a school year 12 or more school days in a school year
Because of the new hourly attendance law, a student that is either tardy to school, or who leaves early from school, will have that time added to their hours of school time missed.
#2: Using formal filing for truancy as a last resort.
Under HB 410, once a juvenile court receives an unruly filing based solely on truancy, the court must consider an adjudication alternative – 1) diversion, 2) using the Juvenile Rules of Procedure or, 3) any other means – unless an alternative is not available or the child has already participated in or failed to complete the alternative.