Educators, prosecutors say Cape school attendance law has worked

One parent spent time in jail, another is serving probation. Most will pay a fine.

The judgments against Cape Girardeau parents of truant children have been relatively few. But educators and prosecutors say the Cape Girardeau School District's tougher attendance policy made a big difference in curbing unauthorized student absences last school year.

"I believe what we're doing here is holding parents accountable, ensuring that their children are attending school and that they know that we're serious and we are willing to pursue these charges," said Frank Miller, assistant prosecuting attorney for Cape Girardeau County.

Since the beefed-up policy was implemented last fall, seven parents have pleaded guilty to educational neglect for violating the compulsory school attendance law, Miller said. Five parents received fines, at $100 per misdemeanor. One was sentenced to probation, and another was sentenced to five days in county jail.

Steven D. Clark was charged with two counts of educational neglect, but Clark could not be located for court, Miller said. He was apprehended and spent four days in jail awaiting his sentence. He spent another day behind bars after the judge sentenced him to a five-day concurrent sentence on both counts, including time served.

Miller said the Cape Girardeau County prosecuting attorney's office did not seek jail time in any of the educational neglect cases. He sought a fine in Clark's case.

"We made it our position that we were not going to ask for jail as a means of punishment," Miller said.

Violators of the law face a maximum penalty of 15 days in jail per count, a maximum $300 fine and the possibility of probation of up to two years. Convictions come with court costs, too.

The district's attendance policy makes 10 unexcused absences an actionable offense.

Miller said the investigator for the prosecuting attorney's office hand-delivered 82 warning notices to parents of children with 10 or more unexcused absences last school year. With just seven of those parents referred for prosecution, Miller and others say the attendance policy has worked.

"It seems to me it has generated more conversation between the schools and those parents typically who might have real problems getting those children to school, and that's always a good thing," said Stacy Kinder, president of the Cape Girardeau School Board. "Ultimately, the object is to get children to school."

District administrators could not be reached for comment late last week. But principals have said the policy has made a big difference, particularly in attendance at the district's elementary schools.

Charges earlier this year were dismissed against two parents charged under the attendance law. The parents were able to show that their children did have permitted absences.

"What happened in those cases is the defendants were not documenting the excused absences for their children," Miller said in April. "Unfortunately, it took the threat of prosecution to get this, but they finally documented the unexcused absences and proved that their children had an illness."

Critics of the attendance policy charge it unfairly punishes some parents for their children's transgressions, at least parents of older students, and doesn't always account for extenuating circumstances.

Supporters say the law has long been on the books and that now it is a matter of enforcement. Miller said the initiative has been public.

"The district had a very significant outreach effort between school resources officers, administrators, principals, and they stayed in contact with these parents about what the consequences are if they violate this policy," he said.

Strengthening the attendance policy grew out of pockets of truancy problems, educators say, with hundreds of students missing unexcused days every year. Ultimately, reducing absences is part of the district's plan to boost graduation rates to 90 percent in the next couple of years.

Miller said the tougher policy isn't going anywhere as Cape Girardeau students return to class in the coming weeks.

"We still intend to proceed on the same course we did last year," he said. "Our goal is these children are in school so they have a chance to learn. Teachers can't teach children that aren't there."

mkittle@semissourian.com

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