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Move Over, Traffic Court, It’s Time for a New Money-Making Scheme—School Truancy Laws Jail Parents and Levy Excessive Fines

The most recent ploy to separate taxpayers from their hard-earned dollars and render them criminals comes in the form of school truancy laws. Disguised as well-meaning attempts to resolve attendance issues in the schools, these truancy laws are nothing less than stealth maneuvers aimed at enriching school districts and court systems alike through excessive fines and jail sentences, while the ones being singled out for punishment—more often than not from middle- to low-income families—are the very ones who can least afford it.

Under this increasingly popular system of truancy enforcement, instead of giving students detention or some other in-school punishment for “unauthorized” absences, schools are now opting to fine parents and force them or their kids to serve jail time. (“Unauthorized” is the key word here, of course, since schools retain the right to determine whether an absence sanctioned by a parent or even a doctor is acceptable.)

For example, California students are ticketed for missing or being late to school. One ticket for tardiness can cost a family $250. Tardiness is a particular problem in Los Angeles, where the city’s poor transit infrastructure and overcrowded buses often leave student passengers stranded at the bus stops. According to the Los Angeles Bus Riders Union, 12,000 students received tickets for truancy in Los Angeles in 2008. Of those students, about 80% received tickets simply for being late to school. In order to avoid a $250 ticket, some parents from low-income households go so far as to keep their children home from school if there is any chance they will be late. As Barbara Ehrenreich, writing for the New York Times, points out, “it’s an ingenious anti-truancy policy that discourages parents from sending their youngsters to school.”

In 2011, more than 400 parents in Baltimore City were brought up on truancy charges because their children had missed more than 15 days of school, while a dozen parents were sentenced to jail. One mother of four school-aged children, Barbara Gaskins, was jailed for 10 days (served on five consecutive weekends) after her son allegedly missed 103 out of 130 days of school. Her son insists he was in school but wasn’t marked present.

Parents in Florida can be charged with a second-degree misdemeanor and face up to two months in jail if their kids have 15 or more unexcused absences from school over the course of three months. Truancy laws in Alabama, Texas, and North Carolina, among other states, have also resulted in parents doing jail time for their kids’ absenteeism.

. . .

In Texas, where schools have taken truancy enforcement to extreme
lengths in an effort to qualify for state funds based upon having the
highest attendance rates possible, truancy cases ballooned from 85,000
incidents to 120,000 between 2005 and 2009. More truancy cases mean
increased profits for truancy courts, which function much like traffic
court, and hefty profits for the state. Dallas courts, for example, pull
in roughly $2 million from prosecuting 35,000 truancy cases per year.
As Deborah Fowler, deputy director of the legal advocacy group Texas
Appleseed, has noted, “They’ve developed a whole system in Dallas that
has to feed itself to justify its existence.” The targets, of course,
are school children and their families.

Unfortunately, these money rackets posing as courts of law are not
unique to any one state. In Lebanon, Pennsylvania, the school district
filed 8,000 truancy violations between 2005 and 2010, collecting $1.3
million in fines.

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