Colorado Attendance Law and School Refusal: What Parents Should Know

Colorado law requires children from age 6 until their 17th birthday to attend school and requires parents to ensure that they do. The same law tells school districts to work with the family first: the statute says a district may start court proceedings "only as a last-resort approach," and only after a plan to help the child stay in school has been created and tried (C.R.S. 22-33-108(5)(b)).

That matters when your child is missing school because of anxiety, low mood or distress and not because they are skipping. This guide explains what the statute and the Colorado Department of Education (CDE) say, and what you can do now so that absences are documented and the school is working with you.

This is general information, not legal advice, and it comes from a therapy practice, not a law firm. District policies differ, so check yours, and speak with an attorney about your own situation.

What compulsory attendance means in Colorado

The compulsory attendance statute, C.R.S. 22-33-104(1)(a), applies to every child who has turned 6 on or before August 1 of the year and is under 17. Subsection (5)(a) says every parent of a child in that age range "shall ensure" that the child attends the public school in which the child is enrolled.

The statute also lists situations where the requirement does not apply, including a child who is temporarily ill or injured and a child who is absent for an extended period due to "a physical disability or a mental or behavioral health disorder" (C.R.S. 22-33-104(2)(a) and (2)(c)).

Excused and unexcused absences: who decides

Your school district decides. State rule defines an excused absence as one for a reason identified in the attendance policy set by the local board of education (1 CCR 301-78, Rule 2.00(7)). The same rules say local schools "may require appropriate documentation to verify excused absences," and treat an absence without a valid or verified reason as unexcused (Rule 3.02).

So two neighboring districts can have different rules on when a note is needed and who can sign it. CDE's attendance guidebook notes that these policies are commonly coded JH (absences and excuses) and JHB (truancy). Search your district's policy manual for those codes.

Behavioral health absences under SB20-014

Senate Bill 20-014, "Excused Absences In Public Schools For Behavioral Health," became law in March 2020. It amended the attendance statute so that each district's written attendance policy "must provide for excused absences," including "temporary absences due to behavioral health concerns" (C.R.S. 22-33-104(4)(a)).

What the statute requires

• Every school district board must adopt a written attendance policy.
• That policy must provide for excused absences for temporary absences due to behavioral health concerns.

What the statute does not do

• It does not set a statewide number of "mental health days."
• It does not define "behavioral health concerns."
• It does not say whether a note from a therapist or doctor is required. That is left to each district's policy.
• It does not remove penalties for unexcused absences. The same subsection says a policy "may include appropriate penalties for nonattendance due to unexcused absence."

What "habitually truant" means

The statute defines a habitually truant child as one in the compulsory age range who has "four unexcused absences from public school in any one month or ten unexcused absences from public school during any academic year" (C.R.S. 22-33-102(3.5)).

Only unexcused absences count toward those thresholds. The statute also says that a "delinquent act" does not include truancy or habitual truancy (22-33-102(5)). And it leaves one number to the district: the attendance policy must specify the maximum number of unexcused absences a child may have before the district may begin court proceedings (22-33-104(4)(b)).

For how clinicians tell anxiety-based absence apart from skipping, see school refusal vs. truancy.

What the school must do before going to court

Each district must designate at least one attendance officer, whose duty under C.R.S. 22-33-107(1) is "to counsel with students and parents and investigate the causes of nonattendance."

For a child who is habitually truant, district policy must provide for a plan. The statute says the plan "must be developed with the goal of assisting the child to remain in school" and, when practicable, with the parent's full participation (22-33-107(3)(b)). School staff must make all reasonable efforts to meet with the parent to review the reasons for the absences.

Court comes after that. Under 22-33-108(5), a district starts proceedings only as a last resort, and only if the child continues to be habitually truant after the plan has been created and implemented. The district must give the child and parent written notice before filing, and the notice must state that the district will not start proceedings if the child complies before the case is filed.

What truancy court can and cannot do

If a case is filed, the statute allows the court to issue an order compelling the child to attend school, or compelling the parent to take reasonable steps to assure attendance. The order must require the child and parent to cooperate with the district's plan (C.R.S. 22-33-108(6)). If the child does not comply, the court may begin contempt proceedings, and sanctions may include community service and services for at-risk students (22-33-108(7)).

On detention, the statute reads as follows. As a sanction for contempt, a court may sentence a child to detention "for no more than forty-eight hours in a juvenile detention facility" (22-33-108(7)(c)(I)). It may not do so unless it finds that detention is in the best interest of the child as well as the public, and among the factors it must consider is that "detaining children and youth for truancy alone is counterproductive and harmful." The 48-hour limit dates from HB18-1156 in 2018, which shortened an earlier five-day limit.

For parents, the statute says that a parent who refuses or neglects to obey the court's order may be fined up to $25 per day or confined in the county jail until the order is complied with (22-33-108(8)). That is a sanction for disobeying a court order. The statute does not set an automatic fine for absences.

What any court does in a particular case depends on the facts and the judge. If you receive a truancy notice or a summons, get legal advice promptly.

Chronic absenteeism is a separate measure

Truancy is a legal term. Chronic absenteeism is a data measure that schools report to the state. CDE defines it this way: a student absent 10 percent or more of the days enrolled during the school year is chronically absent, and "all absences are included," whether unexcused, excused or suspensions.

So an absence the school has excused for behavioral health does not count toward the truancy thresholds, but it does count toward chronic absenteeism.

It is also common. CDE reported a statewide chronic absenteeism rate of 27.5 percent for the 2025-26 school year, down from 28.4 percent the year before, which is more than one in four Colorado students.

What to do now so absences are documented

These steps put the reason for the absences on record and bring the school in early.

1. Tell the school in writing. Email the attendance office and your child's counselor. Say plainly that your child is missing school because of anxiety or distress, and report every absence with its reason. Under state rule, an absence with no verified reason is treated as unexcused.
2. Ask how the district handles behavioral health absences. Ask for the written policy, what documentation the school needs and who can sign it.
3. Ask for the attendance plan meeting. You do not have to wait for a truancy letter to ask the counselor or attendance officer for a plan.
4. Keep records. Save emails, provider letters and your own log of dates and who you told.
5. Ask about a 504 evaluation. See 504 plans and IEPs for school refusal.

See how to talk to the school for wording you can adapt, and our Denver-area district attendance contacts.

Mountainside Behavioral Health offers outpatient school refusal and school avoidance support for ages 8 and up and their parents. We are not a law firm and do not give legal advice.

If your child talks about wanting to die, is harming themselves, or you are worried about their safety, call or text 988 to reach the 988 Colorado Mental Health Line (free, confidential, 24/7). If anyone is in immediate danger, call 911.

Frequently asked questions

Related reading

• 504 plans and IEPs for school refusal
• How to talk to the school
• School refusal vs. truancy
• Denver-area school district attendance contacts
• Should I let my child stay home?
• School refusal and school avoidance support

All school refusal resources →

This page is general education, not medical or legal advice, and it does not replace an evaluation by a licensed professional who knows your child. Laws, district policies and program details change; confirm them with your school district or the organization named.