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Compulsory Attendance

V.S.A. tit. 16, ch. 25, subch. 3
in effect

16 V.S.A. § 1120 Definitions

1120. Definitions As used in this chapter: (1) “Absence” means a student who is, for at least half the school day when school is open, not physically on school grounds or who is not receiving or attending educational, cocurricular, or athletic services or programming elsewhere pursuant to a program or plan approved by: (A) the district, if the student is enrolled in a public school; or (B) an approved independent school, if the student is enrolled in an approved independent school. (2) “Chronic absenteeism” means a student who is absent for any reason for 10 percent or more of a district’s or approved independent school’s student attendance days within one school year, regardless of whether the absences are considered excused or unexcused. (3) “Excused absence” means an absence that is approved by the superintendent or designee, or the head of school or designee for an approved independent school, pursuant to section 1123 of this chapter, either before or after the date or dates of the student’s absence. Excused absences shall include days of in- or out-of-school suspension. (4) “Parent or guardian” shall have its ordinary meaning; provided, however, that it shall also mean a student in the following situations: (A) the student has reached the age of majority; (B) the student is an independent student as that term is defined under subsection 1075(h) of this chapter; or (C) the student qualifies as an unaccompanied youth under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11431–11435. (5) “Truancy” means a student who accumulates 20 or more unexcused absences either within the same school year or within a district’s or approved independent school’s last 175 consecutive student attendance days, regardless of whether the absences were within the same school year. (6) “Unexcused absence” means any student absence that does not fit one of the categories of excused absences. Failure of the parent or guardian to provide justification for the absence if requested by the superintendent or the head of school for an approved independent school shall also constitute an unexcused absence. Added 2025, No. 122 (Adj. Sess.), § 3, eff. July 1, 2026.

16 V.S.A. § 1121 Attendance by children of school age required

1121. Attendance by children of school age required The parent or guardian of a child between six and 16 years of age shall cause the child to attend a public school, an approved or recognized independent school, an approved education program, or a home study program for the full number of days for which that school is held, unless the child: (1) per medical recommendation, is mentally or physically unable to attend; (2) has completed the 10th grade; (3) is excused by the superintendent or designee or the head of school for an approved independent school or designee as provided in this chapter; or (4) is enrolled in and attending a postsecondary school, as defined in subdivision 176(b)(1) of this title, which is approved or accredited in Vermont or another state. Amended 1965, No. 46, § 1, eff. May 5, 1965; 1967, No. 55; 1981, No. 151 (Adj. Sess.), § 2; 1987, No. 97, § 2, eff. June 23, 1987; 1989, No. 44, § 5, eff. June 1, 1990; 1999, No. 113 (Adj. Sess.), § 3; 2009, No. 44, § 35, eff. May 21, 2009; 2025, No. 122 (Adj. Sess.), § 3, eff. July 1, 2026.

16 V.S.A. § 1122 Students under six and over 16 years of age

1122. Students under six and over 16 years of age The parent or guardian of a child who is under six years of age or over 16 years of age who enrolls the child in kindergarten through grade 12 in a public school or approved independent school shall ensure that the child attends the school continually for the full number of school days of the term in which the child is enrolled. In case of such enrollment, the parent or guardian and the superintendent or designee or the head of school for an approved independent school or designee shall be under the laws and subject to the penalties relating to the attendance of children between six and 16 years of age. Amended 1965, No. 46, § 2, eff. May 5, 1965; 2011, No. 58, § 2, eff. May 31, 2011; 2025, No. 122 (Adj. Sess.), § 3, eff. July 1, 2026.

16 V.S.A. § 1123 School absence may be excused

1123. School absence may be excused (a) In accordance with the chronic absenteeism and truancy policy required pursuant to section 1124 of this chapter, the superintendent of a public school or designee or the head of school of an approved independent school or designee may excuse a student’s absence for all or part of the school day and may request justification for an absence. (b) [Repealed.] (c) [Repealed.] Amended 2013, No. 56, § 9, eff. May 30, 2013; 2025, No. 122 (Adj. Sess.), § 3, eff. July 1, 2026.

16 V.S.A. § 1124 Response to chronic absenteeism

1124. Response to chronic absenteeism (a) The Agency of Education, in consultation with the Vermont School Boards Association; the Vermont Superintendents Association; the Vermont Principals’ Association; the Vermont Independent Schools Association; the Vermont School Counselor Association; the National Association of Social Workers, Vermont Chapter; the Department of State’s Attorneys and Sheriffs; and the Department for Children and Families, Family Services Division, shall develop, and review at least every three years, a model policy on the prevention of chronic absenteeism and truancy. (1) The model policy shall: (A) provide guidance for the reasons a superintendent or designee or head of school of an approved independent school or designee may excuse a student’s absence for all or part of the school day; (B) provide guidance for when a superintendent or designee or head of school of an approved independent school or designee may request justification for an absence; (C) provide guidance for how to address the absence of a child with a disability, as that term is defined in subdivision 2942(1) of this title, in accordance with applicable State and federal law; and (D) consider the impact incidents of hazing, harassment, and bullying may have on student attendance, including the importance of tailored responses to all students struggling with safety and emotional issues that provide such students with the emotional, academic, and social support to facilitate a successful reintegration for returning students. (2) The Agency shall also develop model procedures to accompany the model policy, which shall include a template for documentation of actions taken according to the policy to address an absence, which shall constitute the truancy reporting protocol. The model procedures shall also include a template for standard documentation to be provided to parents or guardians pursuant to section 1127 of this chapter. (b) To minimize each student’s loss of educational and developmental opportunities, and to ensure equity in the treatment of absenteeism and truancy for all students and families, each school district and each approved independent school shall develop, adopt, ensure the enforcement of, and make available in the manner described under subdivision 563(1) of this title a policy that is designed to prevent and respond to chronic absenteeism and truancy that shall be at least as stringent as the model policy developed by the Agency. Each superintendent and head of school of an approved independent school shall develop and implement procedures to carry out such policies. The policy shall be consistent with definitions in this chapter. A superintendent or a head of school for an approved independent school shall also ensure that data on student absences is collected and recorded in accordance with Agency of Education requirements. Any school board or approved independent school that fails to adopt a policy shall be presumed to have adopted the most current model policy published by the Agency. Added 2025, No. 122 (Adj. Sess.), § 3, eff. July 1, 2026.

16 V.S.A. § 1125 Truant officers

1125. Truant officers (a) A school board shall annually appoint one or more truant officers and record their appointments with the clerk of the school district on or before July 3. State police, sheriffs, deputy sheriffs, constables, and police officers shall be truant officers ex officio. (b) Truant officers shall receive remuneration for time actually spent in performance of their duties and shall be allowed their necessary expenses incurred in connection therewith. Added 1969, No. 298 (Adj. Sess.), § 73.

16 V.S.A. § 1126 Failure to attend; notice

1126. Failure to attend; notice When a student between six and 16 years of age, who is not exempted from school attendance by one of the authorized individuals in accordance with section 1121 of this chapter, fails to enter school at the beginning of the academic year or, being enrolled, accumulates 20 or more unexcused absences within either the same school year or within the last 175 consecutive student attendance days, and when a student who is under six years of age or at least 16 years of age becomes enrolled in a public school in kindergarten through grade 12 and accumulates 20 or more unexcused absences either within the same school year or within the last 175 consecutive student attendance days, the principal shall notify the superintendent. For Vermont resident students, the head of school of an approved independent school or designee shall notify the superintendent of the student’s district of residence. Upon review of the truancy reporting protocol, the superintendent shall notify the truant officer and Centralized Intake and Emergency Services of the Department for Children and Families’ Family Services Division. Amended 1965, No. 46, § 3, eff. May 5, 1965; 1975, No. 48, § 11, eff. April 15, 1975; 1999, No. 113 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 121, eff. Feb. 14, 2014; 2025, No. 122 (Adj. Sess.), § 3, eff. July 1, 2026.

16 V.S.A. § 1127 Notice and complaint by truant officer; penalty

1127. Notice and complaint by truant officer; penalty (a) The truant officer, upon receiving the notice and truancy reporting protocol provided in section 1126 of this title, shall inquire into the cause of the nonattendance of the child. If the truant officer finds that the child’s absences are not excusable under section 1123 of this chapter, the truant officer shall give written notice to the parent or guardian that the parent or guardian must comply with the obligations of section 1122 of this chapter. (b) If the parent or guardian continues to fail, without legal excuse, to cause a child to attend school as required by this chapter after having received the written notice required pursuant to subsection (a) of this section, the truant officer shall enter a complaint to the State’s Attorney of the county and shall provide a statement of the evidence and truancy reporting protocol upon which the complaint is based. (c) The State’s Attorney may prosecute the person or may file a child in need of supervision petition in accordance with 33 V.S.A. § 5309. Ifcriminal information is filed under this section, a person shall not be fined more than $1,000.00 if, after receiving notice, a person fails, without legal excuse, to cause a child to attend school as required by this chapter. In a prosecution, the complaint, information, or indictment shall be deemed sufficient if it states that the parent or guardian (specifying if the applicable person is a parent or guardian and naming the person) of the child (naming the child) neglects to send that child to a public school or an approved or recognized independent school or a home study program as required by law. Amended 1981, No. 151 (Adj. Sess.), § 3; 1987, No. 97, § 6, eff. June 23, 1987; 1991, No. 24, § 11; 2013, No. 92 (Adj. Sess.), § 122, eff. Feb. 14, 2014; 2017, No. 93 (Adj. Sess.), § 15; 2025, No. 122 (Adj. Sess.), § 3, eff. July 1, 2026.

16 V.S.A. § 1129 Jurisdiction of nonresidents

1129. Jurisdiction of nonresidents The superintendent of a school in which a nonresident pupil is enrolled and a truant officer having jurisdiction of the pupils in such school shall have the same authority and jurisdiction over such nonresident pupil and the parent or guardian as they have over resident pupils and the parent or guardian of such pupils. Amended 2025, No. 122 (Adj. Sess.), § 3, eff. July 1, 2026.
Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/025Fetched: 10/21/2026

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