Can a Student Be Put on Truancy Diversion and Drug Tested in Ohio?

Attorney Answer

Yes, truancy diversion is real in Ohio, and depending on the program, random drug testing can sometimes be one of its conditions.

Ohio schools are required to track excused and unexcused absences, and Ohio Revised Code 2151.011 still defines a habitual truant by hours missed without a legitimate excuse. What changed is what the school has to do about it. As amended by H.B. 96 (136th General Assembly), effective September 30, 2025, Ohio Revised Code 3321.191 no longer requires a district to assign a habitual truant to an absence intervention team or to follow a prescribed intervention plan. It now requires each district's board of education to adopt a policy addressing student absences, not later than August 1, 2026, that provides for one or more absence intervention teams to work with students at risk of becoming chronically absent and their families. So a team meeting is something your district's policy may offer, not a step the statute guarantees you before a case can reach a courtroom — ask your school for its written absence policy to see what it actually promises.

If the absences continue after the school-level intervention, the school or a parent can eventually file a complaint in juvenile court. Many Ohio juvenile courts offer a diversion program as an alternative to a formal court case. Diversion generally means you agree to certain conditions, like attending school regularly, meeting with a probation or diversion officer, doing community service, or attending counseling, and if you complete them, the truancy case does not turn into a formal court record. Each county's juvenile court sets its own diversion rules, so the exact conditions vary by county.

Whether drug testing is included depends on that specific program and the reasons behind it. Courts and diversion programs generally aren't supposed to add conditions unrelated to the case, so if drug testing wasn't explained to you as part of why you're on diversion, it's fair to ask why.

What you can do

1. Ask your mom, the school, or the diversion officer for the actual written agreement or program rules. You have a right to know exactly what is expected of you. 2. Ask specifically why drug testing is included and whether it's required or something you can decline. 3. Keep a copy of anything you sign. 4. If you disagree with being on diversion, or think it was set up incorrectly, you or your mom can ask the juvenile court to explain the process, or talk to a juvenile law attorney or legal aid office.

This is general legal information, not legal advice, and a local Ohio juvenile law attorney can review the specific diversion program you're in and advise you on your rights within it.