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When School Calls It Truancy

ORC 3321.191 — the steps a school owes before a complaint is filed

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Truancy in Ohio is counted in hours rather than in days, which is the first thing that goes wrong in the conversation. A parent counting missed days and a school counting missed hours are working from two different numbers, and the school's is the one that triggers everything else.

Unexcused absence reachingWhat it triggers
30 or more consecutive hoursThe excessive absence threshold
42 or more hours in one school monthThe same threshold, on a monthly count
72 or more hours in one school yearThe same threshold, across the year
Hitting the threshold starts a process, not a prosecution. Before 2017 a school could go more or less straight to a complaint. It cannot now. Reaching the threshold obliges the school to write to the parent within seven days of the triggering absence, to assign the child to an absence intervention team within seven days of it, and for that team to build a written plan within fourteen school days of the assignment. Those are duties on the school, with dates attached, and they run whether or not anybody at home asks for them.

A complaint in juvenile court sits at the end of that sequence rather than at the start of it. The plan itself has to state that the attendance officer files a complaint no later than sixty one days after the plan was implemented, and only where the child has refused to take part in the plan or has failed to make satisfactory progress on it. A complaint filed without the plan having been run is a complaint filed out of order.

There is a separate charge that lands on the parent, not the child. Failing to send a child of compulsory school age is its own offence, and juvenile court has exclusive original jurisdiction over it. On a conviction the court may impose a fine of up to five hundred dollars or community service, and may require a bond or conditions aimed at getting the child to school. That is a charge against the adult, decided in the same building as the case about the child.

Where a child is adjudicated unruly or delinquent for habitual truancy, the court is required to warn the parent on the record that a later adjudication may bring a criminal charge, and the sections it names are the nonsupport division and contributing to the unruliness or delinquency of a child. The warning is part of the statute rather than something a particular judge decided to add.

Excused and unexcused is the whole fight. Every threshold on this page counts unexcused hours. What a district will excuse, what documentation it asks for, and how quickly a note has to arrive are set by that district's own attendance policy rather than by the Revised Code, and they differ from one district to the next. The statute supplies the hours. The policy supplies which hours count.

Which hours are being counted as unexcused, and on what date did the plan start.

Attendance policies, what a district excuses, and the paperwork that proves it are district matters and are not in the Revised Code. Children with disabilities, children on an individualised education programme and children in custody arrangements sit under further rules this page does not reach. Whether a particular complaint was filed in order, what a plan required, and what a juvenile court may do with either are questions for a licensed Ohio attorney, and juvenile public defenders and legal aid offices handle school attendance cases regularly.

Sources for this section (5)
  1. ORC 3321.19Attendance officers, habitual truancy, and the hours that define it
  2. ORC 3321.191The absence intervention team and plan a school has to run before a complaint is filed
  3. ORC 3321.38Failing to send a child of compulsory school age, and what a juvenile court may impose for it
  4. ORC 2919.21Nonsupport of dependants, including the division a truancy warning names
  5. ORC 2919.24Contributing to the unruliness or delinquency of a child

Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.

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