Juvenile Truancy in Nevada

Has your child failed to attend school or left school in the middle of the day without permission? If so, they may face truancy charges for not attending school. Repeated incidents of truancy can expose your child and your family to significant penalties, including fines and driver’s license suspensions for your child and fines and jail time for yourself. As a result, your family needs an experienced criminal defense attorney to protect your rights and reputation.

Let the attorneys from Adras & Altig fight for your family. Our firm has helped Nevada residents facing administrative penalties and criminal charges for over a decade. We understand the stress you experience when facing administrative proceedings or the criminal justice system. Our attorneys work quickly to help you seek a fair and favorable resolution to your matter. Contact us today for an initial case evaluation to discuss your options. 

What Is Truancy in Nevada?

A juvenile commits truancy under Nevada law if they fail to attend school without the written approval of the juvenile’s teacher or the school principal. Truancy rules may not apply if the student cannot attend school due to a physical or mental condition or because they are observing a religious holiday. Even failing to attend one period of a school day can constitute truancy. 

A child may have an excuse for missing school due to physical/mental illness, a family emergency, a religious observance, temporary homelessness, or compliance with a court order. However, a juvenile’s parent or guardian must request a teacher’s or school principal’s written approval during the juvenile’s absence or in the three days preceding or following the juvenile’s absence. A teacher or school principal may not approve absences totaling more than ten percent of the number of school days in the school year. 

When a juvenile does not have an approved absence from school, the juvenile’s teacher or the school’s attendance officer, principal, or other administrative official must send written or electronic notice of truancy to the juvenile’s parent or guardian, notifying them of the juvenile’s tendency to habitually miss school.

Penalties for Truancy in Nevada

Juveniles who engage in repeated incidents of truancy can face serious consequences, depending on their age and whether they have previously received sanctions for truancy. For the first round of sanctions, a juvenile 14 or older may have their driver’s license suspended for 30 days to six months. The situation differs if the juvenile does not possess a driver’s license. In that case, sanctions can include a 30-day prohibition on applying for a driver’s license from the date of the sanction order or the date the juvenile becomes eligible to apply for a driver’s license.

For a second or subsequent sanction, a juvenile 14 or older may have their driver’s license suspended for 60 days to one year. If the juvenile does not possess a driver’s license, sanctions can include a 60-day prohibition on applying for a driver’s license from the date of the sanction order or the date the juvenile becomes eligible to apply for a driver’s license.

Other penalties for truancy include up to $100 or $200 in fines and community service.

Furthermore, during school hours, a police officer, attendance officer, or school officer can take any enrolled juvenile reported for truancy into custody without a warrant. The officer must deliver the juvenile to the principal or school officer at the juvenile’s school; after school hours, the officer must deliver the juvenile to their parent or guardian. 

What Happens if a Child is a Habitual Truant?

In Nevada, a juvenile becomes a habitual truant if their school has declared them truant three or more times in one school year. Furthermore, once a juvenile qualifies as a habitual truant, their unapproved absence from at least one school day in the following school year will renew their habitual truant status. 

When a juvenile designated a habitual truant has another unapproved absence from school in the same school year, the principal of the juvenile’s school must:

• Report the juvenile to an attendance officer, school police officer, or local law enforcement department for investigation and issuance of a citation, if warranted
• Refer the juvenile to the county school advisory board if the juvenile’s parent or legal guardian consents
• Refer the juvenile for the imposition of administrative sanctions

When a juvenile has their chronic absenteeism case referred to an advisory board, the board can report the juvenile to law enforcement or refer them for administrative sanctions if they or their parent/legal guardian fail to attend the hearing before the board. Alternatively, the board may order the juvenile to participate in programs or services designed to address the juvenile’s habitual truancy; if the juvenile refuses to participate in such programs, the board may refer the matter to law enforcement, which could result in criminal proceedings. 

Can Parents Face Charges for a Truant Child in Nevada?

Under Nevada law, parents can also face misdemeanor criminal charges for willfully failing to ensure that their child attends school. Penalties for parents for a child’s truancy can include a fine of up to $1,000, up to six months in jail, or both a fine and jail time. Parents may also face charges and similar penalties for providing false information regarding their child’s school attendance. Other adults can also face misdemeanor charges for aiding and abetting a juvenile’s truancy, such as transporting a juvenile away from school grounds or employing a juvenile during school hours. 

The Role of Schools in Addressing Truancy

Nevada puts school officials as the first line of defense in addressing juvenile truancy. State law requires teachers and school administrators to encourage or convince students to attend or return to school, especially when juveniles have not yet reached the threshold of habitual truancy. However, once a juvenile becomes a habitual truant, schools must report the juvenile to an attendance officer, school police officer, or law enforcement department for investigation and potential citations. Alternatively, schools can refer habitually truant students to the advisory board for potential administrative sanctions. 

Contact the Las Vegas Juvenile Defense Lawyers at Adras & Altig, Attorneys at Law

If your child has been accused of violating the truancy laws in Nevada, your family needs experienced legal guidance and advocacy to protect your child’s rights and interests. Contact Adras & Altig today for a confidential consultation with a juvenile defense attorney to discuss your child’s legal options.