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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?

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?

The student will be referred to the county board’s system of active intervention. Note that 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. 

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

 

Can a truant student be suspended or expelled?

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

Any person with legal custody or care and control of a child who 5 years old or older and under 16, who fails to see that the child attends school or receives instruction as required by Maryland law, is guilty of a misdemeanor. 

If convicted, the person may be subject to fines, imprisonment, or both. In addition, the court may order community service. The court can also suspend the fine or the prison sentence and establish terms and condition that would promote the child’s attendance.

Note that there is an affirmative defense if a person with legal custody or care of the child at the time of the alleged violation made reasonable and substantial efforts to see that the child attended school as required by law, but was unable to cause the child to attend school. If the court finds that the affirmative defense is valid, then the court must dismiss the charge.

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

Also, any person who induces or attempts to induce a child to be unlawfully absent from school or employs or harbors any child who is unlawfully absent from school while school is in session is guilty of a misdemeanor. If convicted, the person is punishable by a fine or imprisonment or both.

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.

 

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