Consequences to Parents for Educational Neglect
Minnesota law requires that a school send written notice to parents when a child has missed more than three full days of elementary school or three or more class periods on three days if the child is in middle or junior high school.
School officials may also require a meeting with a parent to discuss the reasons behind absences and to assist parents in finding a solution to the attendance problem. A school may also evaluate what are contributing factors to a student’s absences and offer appropriate services or make a referral to another community based agency.
In Minnesota, a child under the age of 12 is considered truant if they miss a total of 7 unexcused days in a school year. When this occurs, a school is legally required to make an educational neglect report to the Stearns County Family and Children’s Services Division.
Human Services will screen the report for a Child Protection Family Assessment or a Child Maltreatment Investigation. At the completion of the assessment and investigation, a Truancy Diversion Conference Contract will be explained to a parent/guardian. When a parent/guardian signs the contract, Human Services will send the school and the Stearns County Attorney’s Office notification that the contract has been signed.
If the assessment/investigation results in a finding of educational neglect, the case may be open for either
- voluntary services to the family, or
- referral to the County Attorney’s Office for legal action in juvenile court.
Legal action can and usually does result in a court order directing the parents to take appropriate action to ensure regular school attendance. If a child’s attendance does not improve, a parent may face a more severe legal consequence. For the most egregious cases, a court may order a child’s legal custody be transferred to Human Services to address concerns about educational neglect.