By Drew Meester.
The Problem
Arizona faces a truancy crisis that disproportionately harms Native American students. Chronic absenteeism rates have nearly doubled from pre-pandemic levels. Almost half of Arizona’s Native students are chronically absent from school, one of the highest rates in the nation. While chronic absenteeism (missing 10% or more school days) includes excused and unexcused absences, it’s closely linked with truancy—where excessive unexcused absences trigger legal consequences. The state’s typical response to truancy involves civil court proceedings and fines. But punitive approaches fail to address structural reasons for absenteeism. A restorative model–one that collaborates with families and communities–would be more effective, better aligned with Indigenous values, and respectful of tribal sovereignty.
What Doesn’t Work
Texas tried punitive enforcement at its most extreme. For years, Texas prosecuted over 115,000 truancy cases annually—more than all other states combined. Texas lawmakers believed the threat of punishment would incentivize attendance. But researchers found no relationship between court filing rates and attendance improvements.
In 2015, Texas decriminalized truancy, and court filings dropped 90% while attendance rates stayed exactly the same. All those court cases did nothing to help kids attend school. And the burden fell disproportionately on Texas’ most vulnerable: 80% of students charged were economically disadvantaged.
The Real Causes Are Structural
For Arizona’s twenty-two tribal communities, this issue is especially urgent. These communities face structural challenges that make them the most vulnerable to the overlegalization of educational issues. Geographic isolation and digital divides are common, poverty rates are high on many reservations, transportation infrastructure is often limited due to general funding problems, and historical trauma from forced assimilation policies create justified distrust of government intervention in education. These aren’t excuses for truancy, but they’re explanations that point to solutions. Fines don’t fix transportation problems, and court orders don’t fix poverty.
So If Punishment Doesn’t Solve Attendance Problems, What Does?
Many tribal codes, like those shown by the Tribal Law & Policy Institute and International Institute for Restorative Practices, reflect a different philosophy: restoration over punishment, community responsibility over individual blame, addressing barriers over assigning fault. Rather than immediately imposing fines, tribal responses focus on healing and reintegrating students into the community. These codes call for family conferences that bring together students, school officials, and tribal representatives. The goal isn’t to assign blame but to understand barriers and mobilize community support.
Under Arizona law, truancy enforcement begins at the district level. Districts typically begin with repeated phone calls to parents or guardians, which are logged as evidence of compliance with the statute. If absences continue, the district’s attendance office—a role authorized under A.R.S. § 15-805—may visit the home to determine the reason for the absences. That officer has the legal authority to issue a truancy citation directly to the parent or student. Once a citation is issued, the matter is referred to law enforcement or the appropriate juvenile/municipal court, which then initiates formal charges. Under A.R.S. § 15-802, continued unexcused absences can result in a parent being charged with a Class 3 misdemeanor. This is the point at which the process shifts entirely from schools to the criminal-legal system.
But even with this punitive structure in place, Arizona’s attendance crisis has only worsened. State data shows that chronic absenteeism rose sharply after the pandemic and remains extremely high-especially among Native American students, nearly half of whom are chronically absent. If the current model was effective, we would expect absenteeism to be decreasing, not accelerating. Instead, the Arizona system mirrors the failures seen in Texas: an approach built on citations, court referrals, and punitive pressure that does little to change underlying conditions.
Restorative frameworks work differently. They require intensive intervention before any legal action—transportation assistance, flexible scheduling, health service access, and family centered problem-solving. Family conferences bring together parents, students, school officials, and community members to address underlying barriers. Courts become a true last resort, used only after meaningful support has been provided.
This restorative approach reflects Indigenous justice principles that have guided tribal communities for generations. Collective responsibility over individual punishment. Relationship repair over retribution. Understanding root causes as part of healing. For many tribal communities, the restorative model isn’t a “new model” but a continuation of established values. Meanwhile, state court enforcement imposes an adversarial framework that not only compounds learning loss but also carries the weight of historical trauma associated with state intervention in Native families. Education is a core tribal government function, and tribes have both the sovereignty and the cultural expertise to address attendance barriers in ways that the state cannot.
What Now?
Arizona should use Texas as a learning opportunity. Punitive approaches clearly don’t work and instead exacerbate the structural issues that feed the problem.
Concrete steps matter. Arizona officials and entities should undertake actions to more effectively aid Native American students. For instance, Arizona’s Attorney General could clarify that the state won’t enforce truancy laws on tribal land where tribes have established frameworks. Another possible implementation to address truancy may include studying tribal approaches to addressing barriers rather than punishing families. Finally, public schools near reservations should partner with tribes to make sure students have the opportunity to receive the support of their tribe.
With nearly half of Arizona’s Native American students chronically absent, we can’t afford to impose approaches that have already failed in Texas while preventing alternatives that align with both education research and Indigenous values.
