Truancy 101
What type of absences are particularly important when we're talking about truancy?
Unexcused absences.
True or False:
School attendance is actually required by West Virginia law.
TRUE.
What's the prosecution's job?
Help establish what happened, explore why it happened, identify the respondent's responsibility/accountability, determine what's already been tried, and help determine what needs to change.
True or False:
Defense's job is to convince everyone that their client did absolutely nothing wrong.
False
What's one of the most important things an attorney should do while the respondent is answering a question?
LISTEN.
True or False: If two students both have 15 unexcused absences, the reason they missed school is probably the same.
False
True or False:
A parent or guardian can potentially face legal consequences because their child repeatedly isn't attending school as required.
TRUE.
The respondent has 14 unexcused absences.
Give me ONE thing prosecution should want to know besides the number of absences.
ACCEPT: Why they missed, when, whether the school intervened, whether attendance improved, what the respondent did, etc.
Your client tells you:
“I just don't like school.”
What's your next question?
Accept reasonable follow-ups:
“What don't you like about it?”
“When did you start feeling that way?”
“Is something happening at school?”
Fill in the blank:
LISTEN → __________
FOLLOW UP
Name THREE reasons someone might repeatedly miss school.
Bullying, transportation, illness, family responsibilities, mental health/stress, academic struggles, problems at home, skipping with friends, oversleeping, etc.
What is the potential fine for a first conviction under the WV compulsory-attendance provision we discussed?
A. $10–$25
B. $50–$100
C. $500–$1,000
D. $2,500
B — $50–$100, plus prosecution costs.
The respondent tells prosecution:
“I missed school because I kept oversleeping.”
Give me ONE appropriate follow-up question.
Possible answers:
Accept anything reasonable.
Your client admits:
“I skipped because my friends were skipping.”
As defense, should you:
A. Tell them to deny it
B. Ignore that information
C. Explore what happened, accountability, and what has changed
D. Blame the school
ANSWER: C.
The respondent says:
“I hated going to first period.”
The attorney responds:
“Okay. Next question…”
What's wrong?
ANSWER: The attorney failed to ask a follow-up question.
BONUS $100: Give me one.
What are the TWO things Teen Court should try to balance in a truancy case?
Accountability + Support
True or False:
There is NO situation where repeated violations of West Virginia's compulsory-attendance law could eventually result in jail time.
BONUS $100:
Who remembers the jail range?
FALSE. Certain subsequent convictions can result in 5–20 days of confinement.
5–20 days.
The respondent admits:
“Sometimes I just stayed home to play video games.”
Give me TWO questions prosecution could ask about accountability.
Possible answers:
“How many times did you do that?”
“Did you understand those absences were unexcused?”
“What did you do after the school talked to you?”
“What would you do differently now?”
They need two good ones for the points.
Your client has 18 unexcused absences but tells you:
“I was getting bullied, and I was scared to tell anybody.”
Name TWO things defense should want to know next.
Possible answers:
Which is the better question?
A. “You don't care about school, do you?”
B. “Tell me what's been making it difficult for you to attend school.”
ANSWER: B.
Bonus $100: Why?
A referral says:
“17 unexcused absences.”
Why is that NOT enough information for an attorney to properly handle the case?
Because the attorney still needs to determine why the student was absent, what happened, what has already been tried, what responsibility the student has, and what barriers/supports may exist.
Truancy can fall under what type of juvenile offense that helps explain why it can be appropriate for Teen Court?
BONUS $100: Is that the same thing as committing a delinquent act?
STATUS OFFENSE
No.
The respondent says:
“Everyone keeps saying I don't care about school. Nobody has ever asked me why I'm not going.”
You're prosecution.
What's your next question?
Best/simple answer:
“Okay. Why haven't you been going?”
Accept any respectful, open-ended question seeking the reason.
Then remind them:
Prosecution isn't supposed to ignore information just because it might help the respondent.
Your client says:
“I know I messed up. Some days I skipped because I wanted to. But other days I stayed home because I had to get my little brother ready and nobody else was there.”
You have ONE sentence to explain the most important thing defense should help the jury understand.
GOOD ANSWER:
The student should be held accountable for the absences they chose, while the jury should also understand the family circumstances/barriers contributing to other absences.
Award points for anything capturing:
ACCOUNTABILITY + SUPPORT
Your respondent says:
“I know I missed a lot of school, but there's stuff happening at home that I don't really want everybody knowing about.”
You're their attorney.
What do you do next?
1. Don't pressure or embarrass the respondent into publicly sharing sensitive information.
2. You still need to appropriately explore whether the home situation is contributing to the attendance problem and get guidance from the Teen Court coordinator/adult supervisor as needed.
This one should create a good discussion.