Madison County is committed to encouraging the potential of our youth. Each and every child in this community deserves the full benefit of the educational opportunities afforded to them. Truancy can result in damaging and far-reaching consequences which can negatively impact youth in ways that they may not yet fully comprehend. Students who do not attend school regularly are at much greater risk of developing substance abuse problems and engaging in criminal activity. Studies show that those who fail to graduate from high school are more than eight times more likely to be incarcerated as an adult.
The State of Indiana has several laws related to school attendance with which you should become familiar. The Madison County Prosecutor’s Office is fully committed to enforcing the law regarding school attendance. Please be aware that failing to enforce your child’s attendance is a crime and may lead to criminal prosecution. The relevant Indiana laws are as follows:
1) Indiana Code section 20-33-2-28 provides that it is unlawful for a parent to: 1) fail; 2) neglect; or 3) refuse; to send the parent’s child to a public school for the full term as required under this chapter unless the child is being provided with instruction equivalent to that given in the public schools.
A violation of this law is a Class B misdemeanor punishable by up to 180 days in jail and a fine up to $1,000.00.
2) Indiana Code section 35-46-1-4(a)(4) provides that a person having care of a dependent . . . who knowingly or intentionally: (4) deprives the dependent of education as required by law; commits neglect of a dependent.
A violation of this law is a Level 6 felony and punishable by up to 2 ½ years in prison and a fine up to $10,000.00.
3) Indiana Code section 31-37-2-3 provides that a child commits a delinquent act if, before the age of 18, the child violates 20-33-2 concerning compulsory school attendance.
Reporting Truancy is Mandatory
Indiana Code section 31-33-22-1 Failure to make a report, provides:
(a) A person who knowingly fails to make a report required by IC 31-33-5-1 commits a Class B misdemeanor.
(b) A person who knowingly fails to make a report required by IC 31-33-5-2 or IC 33-5-2.5 commits a Class B misdemeanor. This penalty is in addition to the penalty imposed by subsection (a).
Indiana Code section 20-33-2-25 Habitual absence from school; report to juvenile intake officer or department of child services, provides:
The superintendent or an attendance officer having jurisdiction shall report a child who is habitually absent from school in violation of this chapter to an intake officer of the juvenile court or the department of child services. The intake officer or the department of child services shall proved in accord with IC 31-30 through IC 31-40.
Indiana Code section 20-33-2-26 Enforcement of chapter, provides:
(a) It is the duty of each:
(1) superintendent;
(2) attendance officer;
(3) state attendance official;
(4) security police officer appointed under IC 36-8-3-7; and
(5) school corporation police officer appointed under IC 20-26-16;
to enforce this chapter in their respective jurisdictions and to execute the affidavits authorized under this section. The duty is several, and the failure of one (1) or more to act does not excuse another official from the obligation to enforce this chapter.
(b) An affidavit against a parent for a violation of this chapter shall be prepared and filed in the same manner and under the procedure prescribed for filing affidavits for the prosecution of public offenses.
(c) An affidavit under this section shall be filed in a court with jurisdiction in the county in which the affected child resides. The prosecuting attorney shall file and prosecute actions under this section as in other criminal cases. The court shall promptly hear cases brought under this section.
