Student attendance policy violations could land parents in jail; officials explain expectations

The Missouri Supreme Court upheld a ruling earlier this month that parents can be sent to jail if their children miss too much school, backing a law that parents argued was unconstitutionally vague.

In a 6-0 decision released just before the start of the school year, the court ruled in favor of school districts' authority to define regular attendance policy and to recommend parents for prosecution of the law.

Locally, Cape Girardeau and Jackson school officials have referred cases to the Cape Girardeau County Prosecuting Attorney's Office, but they say communication is the key to avoiding charges if students are approaching too many missed days. They say criminal referrals are made as a last resort.

Two single mothers from Lebanon, Missouri, appealed their cases to the Supreme Court. Caitlyn Williams was sentenced to seven days in jail after her daughter missed 16 days of kindergarten, while Tamarae LaRue was given two years of probation after an initial sentence of 15 days in jail. Her son missed 13 days of school.

In both cases, the parents notified the schools of some absences, but not all.

The legal hangup over the state truancy law at least partially centered on the words "on a regular basis." The court wrote, "When measured by common understanding and practices, no Missouri parent would conclude attendance 'on a regular basis' means anything less than having their child go to school on those days the school is in session."

The attorneys argued that "regular" means 90% of the days the school is scheduled.

Truancy referrals were paused during the pandemic, but legal actions resumed last year. Cape Girardeau Prosecuting Attorney Mark Welker said his office received 28 referrals alleging the violation of Missouri's truancy statute over the last school year. Of those referrals, his office filed charges in 24 cases. Welker said five of those were concluded with a sentence, with 19 still pending in the courts.

Cape Girardeau and Jackson school districts use automated systems to contact parents when their students hit a certain number of days missed.

In Cape Girardeau, for instance, parents are called by a school employee after a student has missed three, five, seven and 10 days of absences. After the seventh and 10th absences, a staff member will visit the home of the child and a juvenile officer will be called. Once a student reaches 11 days, the school will notify the prosecutor's office and a hotline call will be made to the children's division of the Department of Social Services.

Mandy Keys, assistant superintendent at Cape Girardeau Public Schools, said in an interview that most of the cases that reach legal intervention are cases where parents cannot be reached or do not respond to the communications from the district.

Keys said each case is evaluated on its own merit.

"All of this is case by case," Keys said. "We do case by case if there are extenuating circumstances. It's all about the communication. That's the biggest key."

Keys and Jackson superintendent Scott A. Smith said officials from both districts, the prosecutor's office and multiple agencies met to get on the same page regarding how to manage cases where students have had too many absences per school policy.

"Our policy allows us to help prepare our students for life after graduation, which is ultimately all of our goals," Smith wrote in an emailed statement to the Southeast Missourian. "Our board of education has agreed with this philosophy and established a process that supports good attendance. This process is not designed as a punitive system but to keep parents involved in their child's attendance. Whether a child is struggling or doing well in school, being in the classroom and receiving first-hand instruction can help them reach their full potential.

"We try our best to work with parents in any way possible to ensure we don't have to report excessive absences to the prosecuting attorney. However, if students miss more than 10 days without any type of verification and parents aren't willing to communicate with those trying to help, in extreme situations, other legal avenues sometimes have to be implemented as a last resort. With that being said, during the 23-24 school year, there were only two cases of individuals being turned over to the prosecuting attorney for review."

Both districts have built in flexibility to make exceptions to policy violations.

Many studies have shown that absences have contributed to poor educational outcomes.

The laws that hold parents accountable for their children's school attendance are 167.061 and 167.031. The violation is considered a Class C Misdemeanor.

The Missouri Supreme Court issued its decision Aug. 15.

What the law says for 167.061

Any parent, guardian or other person who enrolls a child between the ages of five and seven years in a public school program of academic instruction shall cause such child to attend the academic program on a regular basis, according to this section. Nonattendance by such child shall cause such parent, guardian or other responsible person to be in violation of the provisions of section 167.061, except as provided by this section. ... A parent, guardian or other person in this state having charge, control, or custody of a child between the ages of seven years of age and the compulsory attendance age for the district shall cause the child to attend regularly some public, private, parochial, parish, home school or a combination of such schools not less than the entire school term of the school which the child attends.

What the law says for 167.031

Any parent, guardian or other person having charge, control or custody of a child, who violates the provisions of section 167.031 is guilty of a class C misdemeanor. Upon conviction and pending any judicial appeal, the defendant shall be required to enroll the child in a public, private, parochial, parish or home school within three public school days, after which each successive school day shall constitute a separate violation of section 167.031. The fine or imprisonment, or both, may be suspended and finally remitted by the court, with or without the payment of costs, at the discretion of the court, if the child is immediately placed and kept in regular attendance at a public, private, parochial, parish or home school and if the fact of regular attendance is proved subsequently to the satisfaction of the court. A certificate stating that the child is regularly attending a public, private, parochial or parish school and properly attested by the superintendent, principal or person in charge of the school is prima facie evidence of regular attendance by the child.