Truancy

I take my daughter Geraldine out of school for "mental health days" from time to time, but the school says it's illegal and they will prosecute me if I do it again.

Under the Education Act a child aged between five and 16 is required to attend school unless they are sick, have suffered a family bereavement, or have some other compelling reason for being away.

If Geraldine needs a bit of time out to deal with stress or another such mental health issue, that's probably fine. But if "mental health days" is a euphemism for a skiing holiday, you're breaking the law.

If you do want to take your child out of school for a special reason, talk to the teacher. It may be they're relaxed about it, or they might suggest the child takes some extra homework to make up.

What sort of legal action can they take against me?

Under the Education Act a parent can be fined $15 for each day their child is absent from school without excuse. (This fine also applies to Correspondence School students who have not logged on during the hours they are supposed to.)

Failure to enrol a child between the ages of six and 16 can result in a $1000 fine. Police and the Child, Youth and Family service may also become involved.

What action can they take against Geraldine?

The principal can (somewhat ironically) suspend Geraldine for truancy. If she is absent from her school for 20 consecutive school days without explanation, the principal can remove her from the school roll.

My son Himoana is often truant from school, but I work during the day. What can I do?

Contact the school. They have a responsibility to ensure truancy is looked into and necessary resources are allocated to help remedy the situation. The school should talk to you about this and may suggest a "Strengthening Families" meeting, where specific problems can be directed to the appropriate agency.