The passage of Ohio's budget bill in 2025 has shifted Ohio's attendance law from focusing almost solely on truancy to supporting students at risk of becoming chronically absent. This page provides schools, districts, courts, and the community with a series of frequently asked questions on attendance laws.
What is the difference between chronic absenteeism and habitual truancy?
As of September 30, 2025, Ohio law defines a “chronically absent” student as “missing at least ten per cent of the minimum number of hours required in the school year”. The minimum number of hours referenced are also defined in Ohio law. Time missed from school for any reason, including excused and unexcused absences, will contribute to chronic absenteeism.
Students only need to miss 2-3 days per month to be chronically absent by the end of the year. Schools and districts can provide support to the student and his or her family before the student has missed 10 percent of the school year. No later than August 2026, schools and districts must adopt preventative measures for chronic absence into their local policies
Ohio law defines that a “habitual truant” is determined by certain thresholds of unexcused absences only:
a. 30 or more consecutive hours (approximately 5 school days)
b. 42 or more hours per month (approximately 7 school days)
c. 72 or more hours per year (approximately 12 school days)
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What are excused and unexcused absences?
Ohio laws define excused and unexcused absences.
Ohio Administrative Code outlines the situations in which an absence must be used. In addition, schools and districts are encouraged to add to this list of excused absences so their attendance policies fit the needs of their students and families.
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Do schools and districts need to define medical and nonmedical excused absences?
The definitions of medical and nonmedical excuses are within the discretion of schools and districts. Local board-adopted attendance policies may include definitions or examples of medical excuses, including a process and timeline for families to submit medical excuses. As of September 30, 2025, Ohio law no longer references the distinction between medical and nonmedical excused absences. Neither type factors into habitual truancy, but missing school for any reason contributes to chronic absenteeism.
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What is the definition of habitual truancy?
Ohio law defines a habitually truant student as “any child of compulsory school age who is absent without legitimate excuse for absence from the public school the child is supposed to attend for thirty or more consecutive hours, forty-two or more hours in one school month, or seventy-two or more hours in one school year.”
As of September 30, 2025, when a student meets the definition of habitually truant, the school or district must file a complaint in juvenile court if the student is not making satisfactory progress in improving attendance.
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When deciding whether to file a truancy complaint in court, what determines if a student has made satisfactory progress toward improving attendance?
Setting and communicating a clear definition of “satisfactory progress” is a key component of supporting habitually truant students. Attendance staff may consider individual barriers, medical diagnoses, and/or previous communications from families. Satisfactory progress may not look the same for all students.
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What is compulsory school age?
According to Ohio law, a child between six and eighteen years of age is "of compulsory school age.” A child under six years of age who has been enrolled in kindergarten also shall be considered "of compulsory school age" unless at any time the child's parent or guardian, at the parent's or guardian's discretion and in consultation with the child's teacher and principal, formally withdraws the child from kindergarten.
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What happens when a student becomes habitually truant from school?
When a student is habitually truant as of September 30, 2025, Ohio law states:
In addition, local policies may include other requirements such as
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What is the role of an absence intervention team?
As of September 30, 2025, absence intervention teams are only required to work with students at risk of becoming chronically absent and their families. They are not required for students who are habitually truant. Schools and districts will define the work for their absence intervention teams in their local policy. For example, they might be tasked with monitoring attendance data and leading the implementation of district and building level strategies and interventions at Tiers 1, 2, and 3.
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Do absences caused by suspensions count toward habitual truant triggers?
No. Though out-of-school suspensions are often recorded as unexcused absences, they do not count toward habitual truancy triggers because suspensions represent a legitimate excuse to be out of school. Those hours do contribute to chronic absence calculations.
Schools and districts may consider alternatives to out-of-school suspension to both support student attendance and minimize disruptions to student learning.
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Should a school or district wait to communicate to parents and families until a student has missed 5% of the minimum number of hours for any reason?
No. Ohio law requires schools must communicate about attendance concerns no later than when a student has missed 5% of the minimum number of hours for any reason. This is approximately 45-50 hours (7.5-8.5 school days) depending on a student’s grade level. Schools and districts should provide strong attendance messaging to everyone in their school communities and then increase support and communication to students missing as little as 2-3 days per month. Without intervening early and often, those students will be on track to becoming chronically absent and miss valuable school time.
Schools and districts can receive support from the Stay in the Game! Attendance Network in creating and spreading their local attendance messaging.
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What must a school or district’s attendance policy include?
No later than August 1, 2026, Ohio law requires schools and districts to adopt a policy that:
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Is developed in consultation with their county juvenile court, parents and families, and any appropriate state and local agencies
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Acknowledges missing school for any reason can negatively affect learning
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Names strategies that help prevent chronic absence
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Determines when and how parents and families will be notified about student attendance concerns. Parents and families must be notified when their student has missed at least 5% of the minimum number of hours required in the school year
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Establishes tiered interventions and supports for students and families in addressing root causes of absences
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Provides for absence intervention teams to work with students at risk of becoming chronically absent
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Prohibits using attendance as a reason to suspend or expel students
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Where can I find the model attendance policy that schools and districts need to have in place by August 1, 2026?
Access the model policy here.
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Which attendance data do schools and districts report?
All Ohio public school types report:
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The total number of hours each enrolled student is in attendance
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The total number of hours each enrolled student is absent for excused reasons
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The total number of hours each enrolled student is absent for unexcused reasons
As of September 30, 2025, Ohio law does not require schools and districts to report dates of attendance notifications to families or absence intervention plans.
While nonpublic schools may report attendance data to the Department in other ways, they do not report this in EMIS.
While schools and districts do not report specific reasons students are absent, they may track that information at the local level to help with root cause analysis.
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How should schools and districts handle absences due to religious expression?
Ohio law (ORC 3320.04) allows students up to three religious expression days per school year for reasons of faith or religious or spiritual belief system provided that the parent or guardian provides written notice to the school or district. Schools and districts should collaborate with families to accommodate these absences. Review
department guidance for more explanation and examples of major religious holidays.
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How should schools and districts handle pre-planned multi-day absences?
Schools and districts can create policies for pre-planned and multi-day absences. These can range from religious holidays, family vacations, or other pre-planned prolonged periods of missed instructional time. Schools and districts should communicate attendance expectations with families throughout the school year using a variety of communication methods.
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How can schools support students with chronic illnesses or other considerations?
School and district policy can define ways an administrator may collaborate with parents/guardians and medical teams of students dealing with an acute or chronic physical or mental health challenge. The collaboration can develop individualized responses to the student’s needs (e.g. create alternative ways for the school to document absences as excused or medically excused) and may seek mutually agreed-upon ways to educate school staff on these needs.
The Department provides additional resources for
supporting school wellness and
school-based health.
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Are schools required to use doctor notes to count an absence as medically excused?
No. For auditing purposes, schools are required to maintain documentation to support an excused absence. This could be a note from a medical professional, a call log documenting a conversation with a parent/guardian, or evidence of some other locally-defined process.
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Do co-curricular activities and events (e.g. field trips, school day music performance participation as part of a class) count toward chronic absence?
No. Chronic absence includes the number of hours students are absent from school-sponsored instructional opportunities. Co-curricular activities are included in the school or district’s graded course of study and are school-sponsored instructional opportunities. Students participating in co-curricular activities should be marked “present” for purposes of attendance.
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Do school-sponsored extracurricular events (e.g. sports, arts, clubs) which take place during the day count toward chronic absence?
Chronic absence includes the number of hours students are absent from school-sponsored instructional opportunities which typically occur within the classroom. Local attendance policy should determine the types of out-of-classroom alternative programming that may also count as instructional opportunities. Examples may be field trips or assemblies which may involve a whole classroom, grade level, or building.
Sometimes students must miss instructional time to participate in a school-sponsored extracurricular event such as a basketball tournament, cheerleading competition, special interest groups or clubs. School or district policy may allow these types of events to count as the student being “present,” and would therefore not count toward the chronic absence calculation. The policy should only apply to in-state events sponsored by the school or district and not included in a graded course of study. Ohio law has a special provision regarding out of state extracurricular activities.
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When students are tardy to school, is that time counted toward chronic absenteeism?
Yes. Students can miss instructional time at any time of day, whether it is excused or unexcused. Being one hour late to school, leaving school two hours early, or leaving and returning midday for an appointment are all examples of hours away from instruction. These missed hours contribute to chronic absenteeism, and if they are unexcused, will also count toward habitual truancy.
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How should schools and districts log attendance for students enrolled in College Credit Plus?
When students attend part or all of their day at an approved location outside of their assigned school building through the College Credit Plus Program, both the school and the college/university need to collaborate and communicate about the student's daily attendance. This is necessary for attendance to be accurate and for student safety. For example, if a student attends three hours in the morning at their local school and three hours in the afternoon at the college/university, the school will log three hours for their morning in the building, and a designated person at the college/university confirms the student’s attendance for the afternoon with the school.
Specific policy and practice should be developed at the local level. It is helpful for school and district staff to form good relationships with the college staff who coordinate the College Credit Plus program.
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In OAC 3301-69-02 (A)(3), the term “regular attendance” is used. What does regular attendance mean?
In
OAC 3301-69-02 (A)(3), schools and districts need to define regular attendance in their local policies. Consider both good and improved attendance when creating these definitions since a student could be achieving regular attendance after the school helps remove barriers to a student attending school.
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Are students who cannot attend school due to chronic or terminal illness considered habitually truant?
No. A student cannot be habitually truant for any type of excused absences. Schools and districts can work with families and a student’s medical team to monitor absences that are a result of an identified medical condition. Even medically excused absences count toward chronic absenteeism, so it is helpful to collaborate and communicate often about how the student is supported to maintain their learning opportunities.
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What must schools and districts allow when students attend private driver education courses?
As of September 30, 2025, Ohio law requires school districts to excuse a high school student to attend a private driver education course for up to 8 hours. The absence may only be for up to two hours per day for not more than four days that may be consecutive. The absence cannot occur during a core subject course. The student must be allowed to complete missed classroom assignments.
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Should schools and districts prevent a student from being promoted based on their attendance?
No. As of September 30, 2025, Ohio law requires schools and districts to adopt a promotion and retention policy that no longer references attendance as a consideration.
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If a school or district’s total number of instructional hours exceeds the minimum required in state law, does it affect the chronic absenteeism rate on the Ohio Report Card?
For the purposes of accountability on the state report card, the state uses the building or district's reported number of instructional hours to determine the chronic absenteeism rate.
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