State law requires children to attend school from the age of 7 to 18, except for those students who are 16 or 17, and whose parent or parents attend with the student a counseling session and sign a disclaimer, consenting for the child to leave school. Students under age 7 also must attend school, if they have previously been enrolled. Children who are determined to be exceptional, are subject to the requirements under the special education laws, which has no “drop out” provision. This does not include children who are considered gifted. Under the code for the care of children the county or district attorney is under a duty to prepare and file petitions alleging that a child is a child in need of care under the code.
State law provides that if a child is un-excusably absent form school on three consecutive days, or five days in a semester, or seven days in a school year, then the child is considered truant. The school is directed by the statute to report this circumstance to the District Attorney, in Wyandotte County.
The judge in the district court has a wide range of possible things that can be ordered, including removal from the home and placement in the custody of SRS.
State law gives law enforcement officers the power to temporarily detain and assume temporary custody of any child subject to the compulsory attendance laws and found away form home or school when school is in session. The officer may deliver the child to the school where he or she is enrolled, or deliver them to the Juvenile Intake and Assessment Center.
*Please note that these are summaries of the statutes, and should not be relied upon as legal advice. If you or someone else has a legal question relating to this area, or to your rights as a parent, it is best to consult an attorney for individual advice.