Two parents cleared in attendance policy case

Charges have been dismissed against two parents charged under the Cape Girardeau School District's strengthened attendance policy.

Nicole L. Alvarez of 319 N. Louisiana Ave. and Daniel Pieper, last listed at 408 S. Hanover St., will not face jail time, probation or fines because they were able to show that their children did have permissible absences under the code.

"What happened in those cases is the defendants were not documenting the excused absences for their children," said Frank Miller, assistant prosecuting attorney. "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."

Alvarez was originally charged after her son had 17 unexcused absences, and Pieper was charged after his child had 11 unexcused absences. The verifiable excused absences, those noted by a doctor, for instance, put the parents below the threshold for prosecution, so the prosecuting attorney dropped the charges.

The district's attendance policy, implemented last fall, makes 10 unexcused absences an actionable offense.

In all, six parents have been charged with educational neglect, accused of violating the compulsory school attendance law, a misdemeanor.

Each count carries a maximum penalty of 15 days in jail, a $300 fine and the possibility of probation of up to two years.

The first to be charged under the policy, Susan G. Hager of 1413 William St., pleaded guilty in early February. Judge Gary Kamp ordered Hager to come up with the more than $300 in fines and court costs by her sentencing, scheduled for 2 p.m. May 2, Miller said.

A summons was issued for Steven D. Clark, charged with two counts of educational neglect, but Clark could not be located, Miller said.

Clark's 9-year-old child, enrolled at Jefferson Elementary School, missed 25 days of school between Nov. 3 and Feb. 8, according to the probable-cause statement. His 8-year-old child, also enrolled at Jefferson, missed 24 days of school over the same period, court documents state.

The case of Yvonne Rachelle Garza of 439 S. Sprigg St., Apt. 16C, was continued, Miller said.

Garza's juvenile daughter had 57 total unexcused absences from Cape Girardeau Central High School between the beginning of the school year and Jan. 28, according to the probable-cause statement.

Laura Hogeland of 2825 Whitener St., Apt. C4, whose daughter had 18 unexcused absences, paid a $100 fine last month, court records state.

Miller said the county investigator has delivered more than 50 letters warning of imminent prosecution to parents in the Cape Girardeau School District since the attendance policy was implemented, and only four have been prosecuted -- a strong sign that the policy is doing what it was intended to do.

"We believe that's a significant deterrent," he said. "In the end we want these kids to go to school. It's their future on the line here."

mkittle@semissourian.com

388-3627