An Act To Amend Truancy Laws Regarding Parent Involvement
Maine Legislature, Session 123, LD 0454
Committee: Education and Cultural Affairs
Sponsors: SILSBY, McCORMICK, BEAULIEU, CONNOR, CROCKETI, NORTON, PRESCOTI, SAMSON, SUTHERLAND, TRINW ARD
Amends: 20-A MRSA §3272, 20-A MRSA §5051-A, 20-A MRSA §5053-A

Legislative Document 
No. 454 
H.P.353 
House of Representatives, January 30,2007 
An Act To Amend Truancy Laws Regarding Parent Involvement 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative SILSBY of Augusta. 
Cosponsored by Senator McCORMICK of Kennebec and 
/J1~frl.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAULIEU of Auburn, CONNOR of Kennebunk, CROCKETI of Augusta, 
NORTON of Bangor, PRESCOTI of Topsham, SAMSON of Auburn, SUTHERLAND of 
Chapman, TRINW ARD of Waterville. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §3272, sub-§2, as amended by PL 1989, c. 415, §5, IS 
repealed and the following enacted in its place: 
2. Habitual truancy. A person is habitually truant if: 
A. 
The person is required to attend school or alternative instruction and has 
completed grade 6 under this chapter and has the equivalent of 10 full days of 
unexcused absences or 7 consecutive school days of unexcused absences during a 
school year; or 
B. The person is required to attend school or alternative instruction and is over 6 
years of age and has not completed grade 6 under this chapter and has the equivalent 
of 7 full days of unexcused absences or 5 consecutive school days of unexecused 
absences during a school year. 
Sec. 2. 20-A MRS A §3272, sub-§3, as enacted by PL 1985, c. 490, §8, IS 
amended to read: 
3. Excusable absence. A person's absence is excused when the absence is for the 
following reasons: 
A. 
Personal illness; 
B. 
An appointment with a health professional that must be made during the regular 
school day and has prior approval or reporting; 
C. 
Observance of a recognized religious holiday when the observance is required 
during the regular school day and has prior approval or reporting; 
D. 
A family emergency; or 
E. 
A planned absence for a personal or educational purpose wkieh that has geeft 
a~~fe .. [e8 prior approval or reporting. 
Sec.3. 20-A MRS A §5051-A, sub-§l, ~A, as enacted by PL 2003, c. 533, §3, is 
amended to read: 
A. 
Is subject to section 5001-A; aHEl 
Sec. 4. 20-A MRSA §5051-A, sub-§l, ~, as enacted by PL 2003, c. 533, §3, is 
amended to read: 
B. 
Has the equivalent of 10 full days of unexcused absences or 7 consecutive 
school days of unexcused absences during a school year.,. ; and 
Sec. 5. 20-A MRSA §5051-A, sub-§l, ~C is enacted to read: 
C. Is over 6 years of age and has not completed grade 6 under this chapter and has 
the equivalent of 7 full days of unexecused absences or 5 consecutive school days of 
unexecused absences during a school year. 
Sec. 6. 20-A MRSA §5051-A, sub-§2, ~C, as enacted by PL 2003, c. 533, §3, is 
amended to read: 
C. 
If the superintendent or superintendent's designee is unable to correct the truancy 
of the child, the superintendent or superintendent's designee shall serve or cause to be 
served upon the parent in hand or by registered mail a written notice that attendance 
of the child at school is required by law. The notice must: 
(1) State that the student is required to attend school pursuant to section 500 I-A; 
(2) 
Explain the parent's right to inspect the student's attendance records, 
attendance coordinator's reports and principal's reports; 
(3) Explain that the failure to send the student to school and maintain the student 
in regular attendance is a civil violation or Class E crime in accordance with 
section 5053-A and explain the possible penalties; 
(4) State that the superintendent or the superintendent's designee may notifY the 
local law enforcement department of a violation of this statute; ana 
(5) Outline the plan developed to address the student's habitual truancy and the 
steps that have been taken to implement that plan. 
Sec. 7. 20-A MRSA §5051-A, sub-§2, ~, as enacted by PL 2003, c. 533, §3, is 
amended to read: 
D. 
Prior to notifYing the local law enforcement department under paragraph E, the 
superintendent or superintendent's designee shall schedule at least one meeting as 
required in paragraph B and may invite a local prosecutor. 
Sec. 8. 20-A MRSA §5053-A, as enacted by PL 2003, c. 533, §5, is amended to 
read: 
§5053-A. Enforcement 
1. Civil violation. If a parent has control of a student who is habitually truant under 
section 3272, subsection 2, paragraph A and that parent is primarily responsible for that 
truancy, that parent commits a civil violation for which a fine of not less than $25 may be 
adjudged. 
I-A. Class E crime. If a parent has control of a student who is habitually truant 
under section 3272, subsection 2, paragraph B and that parent is aware of the habitual 
truancy yet fails to take corrective measures, that parent commits a Class E crime. 
2. 
Dispositions. 
The court may also order a parent adjudicated as violating 
subsection I or I-A to take specific action to ensure the child's attendance at school; 
comply with the plan developed in accordance with section 5051-A, subsection 2, 
paragraph A; participate in a parent-training class; attend school with the child; perform 
community service hours at the school; or participate in counseling or other services as 
appropriate. 
3. Notice required. Notice must be provided to the parent pursuant to section 5051-
A, subsection 2, paragraph C before a prosecution for violating subsection 1 or I-A may 
be brought against the parent. 
4. Prima facie proof. Evidence that shows that the parent received the notice under 
section 5051-A, subsection 2 and that the child has accumulated W 1 absences that are 
not justified under the established attendance policies of the school administrative unit is 
prima facie proof that the 6Hild's p8feRt failed to eRroli tHe 6Hild iR s6Hool, failed to seAd 
tHe 6Hild to s6Hooi or failed to require the 6Hild to regularly atteAd s6Hooi parent is 
primarily responsible for the child's habitual truancy or the parent failed to take corrective 
measures for the child's habitual truancy. 
5. Defense. It is a defense to a prosecution under subsection I or I-A that the parent 
has exercised reasonable diligence in attempting to cause a child in the parent's custody to 
attend school or that the administrators of the child's school did not perform their duties 
as required by law. 
6. Process. Service of a summons on the parent pursuant to subsection 1 must be in 
accordance with the Maine Rules of Civil Procedure. 
7. Jurisdiction. The District Court has jurisdiction over violations under subsection 
or I-A. 
SUMMARY 
This bill strengthens the truancy laws by making it a Class E crime for parents who 
fail to take corrective measures for truant children from kindergarten to grade 6.