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Truancy

Maryland law requires all children, 5 years and older and under 18, who live in this state and attend public schools to attend school regularly unless excused with a lawful absence.

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Compulsory School Attendance

Maryland requires regular school attendance unless a student is excused with a lawful absence. This applies to all children 5 years and older and under the age of 18, who live in the state. There are limited exceptions and exemptions to this requirement. Learn more about compulsory school attendance.

Read the Law: Md. Code, Education § 7–301

 

Which Students Are Truant?

Truancy refers to the act of a student being absent from school without a valid excuse or permission. Under Maryland law, a truant student is one who is “unlawfully absent” from school for more than:

  • 8 days in any quarter,
  • 15 days in any semester, OR
  • 20 days in a school year.

Read the Law: Md. Code, Education § 7–302.2

 

What is an Unlawful Absence?

Maryland law is very specific about what counts as a “lawful” absence. Absence for all or any portion of a school day, for any reason other than a lawful absence, is presumed to be unlawful. Learn more about lawful absences.

Each local school system must develop a student attendance policy, and each individual school district may include specific criteria for unlawful absences in the attendance policies. Make sure to check your school system’s policies. 

 

What happens when a student is found to be truant?

If a student’s unlawful absences exceed the legally defined amount, and the student is deemed to be truant, the student will be referred to the county board’s system of active intervention. Each county must develop a system of active intervention for truant students.

A school system representative will investigate the cause of the truancy. This representative may provide counseling or even notify the Department of Juvenile Services. 

NOTE: A student does not have to be legally truant for a school to intervene. If a student is frequently absent from school, for both lawful and unlawful purposes, the school can actively intervene to prevent the student from becoming truant.
 

Read the Law: Md. Code, Education § 7–302 and § 7-302.2

 

Can a truant student be suspended or expelled?

No, a student may not be suspended or expelled from school based only on attendance-related offenses.

Read the Law: Md. Code, Education § 7-305

 

Legal Consequences

Truancy can lead to fines and penalties for:

  • Any person with legal custody of a student who fails to ensure that the student attends school.
    • Charge: misdemeanor. 
    • Penalty: If convicted, the person may be subject to fines, imprisonment, or both.
    • For a first conviction, the individual is subject to a fine not to exceed $50 per day of unlawful absence or imprisonment not to exceed 3 days, or both. 
    • For a second or subsequent conviction, the individual is subject to a fine not to exceed $100 per day of unlawful absence or imprisonment not to exceed 5 days, or both. In addition, the court may order the person to perform community service. 
    • Note: there is an affirmative defense if a person with legal custody of the student at the time of the alleged violation made reasonable and substantial efforts to see that the child attended, but was unable to get the child to attend school. If the court finds that the affirmative defense is valid, then the court must dismiss the charge.
  • Any person who induces or attempts to induce a child to be unlawfully absent from school.
    • Charge: misdemeanor.
    • Penalty: If convicted, the person may be subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
  • Any person who employs or harbors any child who is unlawfully absent from school while school is in session.
    • Charge: misdemeanor. 
    • Penalty: If convicted, the person may be subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.

The court can suspend the fine or prison sentence and establish terms and conditions that would promote the child’s attendance.
 

Read the Law: Md. Code, Education  § 7–301

 

Truancy Courts and Additional Notes

Some Maryland Circuit Courts have truancy reduction courts to assist with reducing truancy and keeping Maryland students in school. A social worker, counselor, or case manager works with families to determine reasons for poor attendance and makes referrals to community-based services when appropriate.

 

Source
Updated by Web Services Librarian.
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