Effective: April 6, 2017
Latest Legislation: House Bill 410 - 131st General Assembly
(A) As used in this section and section 3321.191 of the Revised Code, "habitual truant" has the same meaning as in section 2151.011 of the Revised Code.
(B) When a board of education of any city, exempted village, local, joint vocational, or cooperative education school district or the governing board of any educational service center determines that a student in its district has been truant and the parent, guardian, or other person having care of the child has failed to cause the student's attendance at school, the board may require the parent, guardian, or other person having care of the child pursuant to division (B) of this section to attend an educational program established pursuant to rules adopted by the state board of education for the purpose of encouraging parental involvement in compelling the attendance of the child at school.
No parent, guardian, or other person having care of a child shall fail without good cause to attend an educational program described in this division if the parent, guardian, or other person has been served notice pursuant to division (C) of this section.
(C) On the request of the superintendent of schools, the superintendent of any educational service center, the board of education of any city, exempted village, local, joint vocational, or cooperative education school district, or the governing board of any educational service center or when it otherwise comes to the notice of the attendance officer or other appropriate officer of the school district, the attendance officer or other appropriate officer shall examine into any case of supposed truancy within the district and shall warn the child, if found truant, and the child's parent, guardian, or other person having care of the child, in writing, of the legal consequences of being truant. When any child of compulsory school age, in violation of law, is not attending school, the attendance or other appropriate officer shall notify the parent, guardian, or other person having care of that child of the fact, and require the parent, guardian, or other person to cause the child to attend school immediately. The parent, guardian, or other person having care of the child shall cause the child's attendance at school. Upon the failure of the parent, guardian, or other person having care of the child to do so, the attendance officer or other appropriate officer, if so directed by the superintendent, the district board, or the educational service center governing board, shall send notice requiring the attendance of that parent, guardian, or other person at a parental education program established pursuant to division (B) of this section and, subject to divisions (D) and (E) of this section, may file a complaint against the parent, guardian, or other person having care of the child in any court of competent jurisdiction.
(D)(1) Upon the failure of the parent, guardian, or other person having care of the child to cause the child's attendance at school, if the child is considered an habitual truant, the board of education of the school district or the governing board of the educational service center, within ten days, subject to division (E) of this section, shall assign the student to an absence intervention team as described in division (C) of section 3321.191 of the Revised Code.
(2) The attendance officer shall file a complaint in the juvenile court of the county in which the child has a residence or legal settlement or in which the child is supposed to attend school jointly against the child and the parent, guardian, or other person having care of the child, in accordance with the timelines and conditions set forth in division (B) of section 3321.16 of the Revised Code. A complaint filed in the juvenile court under this division shall allege that the child is an unruly child for being an habitual truant and that the parent, guardian, or other person having care of the child has violated section 3321.38 of the Revised Code.
(E) A school district with a chronic absenteeism percentage that is less than five per cent, as displayed on the district's most recent report card issued under section 3302.03 of the Revised Code, and the school buildings within that district, shall be exempt from the requirement to assign habitually truant students to an absence intervention team for the following school year and shall instead take any appropriate action as an intervention strategy contained in the policy developed by the district board pursuant to divisions (A) and (B) of section 3321.191 of the Revised Code. In the event that those intervention strategies fail, within sixty-one days after their implementation, the attendance officer shall file a complaint, provided that the conditions described in division (B) of section 3321.16 of the Revised Code are satisfied.
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3321 | School Attendance
Section 3321.02 | Children Amenable to Compulsory Education Laws.
Section 3321.03 | Parent's Obligation to See That Child Receives Instruction.
Section 3321.04 | Scope of Obligation.
Section 3321.041 | Excused Absences for Certain Extracurricular Activities.
Section 3321.05 | All-Day or Extended Kindergarten.
Section 3321.07 | Requirements for Child Instructed at Other Than Public School.
Section 3321.08 | Part-Time School - Definition.
Section 3321.09 | Part-Time Schooling Not Provided by Board of Education.
Section 3321.10 | Supervision of Children Employed on Age and Schooling Certificates.
Section 3321.11 | Availability or Accessibility of Part-Time Schools.
Section 3321.12 | Report to Treasurer of Board.
Section 3321.14 | Attendance Officer - Pupil-Personnel Workers.
Section 3321.141 | Contacting Parent, Guardian, or Other Person Having Care of Any Absent Student.
Section 3321.15 | Educational Service Center Attendance Officer and Assistants.
Section 3321.16 | Investigation of Nonattendance; Complaint.
Section 3321.17 | Attendance Officer and Assistants - Powers.
Section 3321.18 | Enforcement Proceedings.
Section 3321.191 | Adoption of Policy Regarding Student Absences; Intervention Strategies.
Section 3321.20 | Warning of Legal Consequences of Truancy - Complaint.
Section 3321.22 | Juvenile Court Proceedings.
Section 3321.38 | Prohibiting Failure to Send Child to School.