Missouri Supreme Court decision allows parents to be jailed if their kid misses too much school
A Missouri Supreme Court ruling Tuesday upheld a state law that criminalizes parents for failing to send their children to public school on a regular basis.
Two single mothers faced jail time after they “knowingly failed to cause their children” to attend the Esther Elementary School in Lebanon, Missouri, according to the court ruling.
The school district policy requires children to have 90% attendance and asks parents to communicate with the school for every absence or tardy, as the student handbook states.
Caitlyn Williams was sentenced to seven days in jail when her daughter missed 15 days of school during the 2021-2022 school year. Williams did not provide a reason for nine of the absences.
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Tamarae LaRue’s son missed 13 days of kindergarten during the same school year, a week’s worth of which was unexplained. She faced a two-week-long prison sentence but ultimately was asked to serve two years of probation.
The assistant principal of the school said they were not aware of any medical reason behind the absences.
“In concluding that ‘to attend the academic program on a regular basis’ means to attend school on those days the school is in session, this court is aware of the implication of such meaning if taken to an extreme,” wrote Justice Robin Ransom.
“Nevertheless, this court is bound by its duty ‘to ascertain the intent of the legislature from the language used and to consider the words used in their plain and ordinary meaning.’”
At the time of the oral arguments in May, attorney Ellen Flottman, who is representing Williams and LaRue, said the “state’s position is anti-parent.”
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“Most of the school districts are not prosecuting these parents,” she said, according to the Missouri Independent. “Schools have to work with parents; they have to have policies because they want the kids to go to school.”
“But this is a kindergartener and a first grader. Is missing one day in November and one day in December going to hurt this kindergartener’s education that much?”
She argued that her clients were “misled by the school handbooks,” saying that the handbook does not specify the difference between “verified” and “excused” absences.
In LaRue’s case, she provided an explanation for six of the absences. She said her son had a doctor’s appointment, fever, another appointment, and was sick. As The Wall Street Journal reported, the mothers were unaware that sick days without a doctor’s note counted as an unverified absence.
Chronic absenteeism, when students miss more than 10% of days enrolled, is a huge issue — including in the Beehive State.
Among Utah students living in poverty, 37% were chronically absent in 2022, while 27% of students statewide were chronically absent during the 2021-22 school year, as the Deseret News reported.
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This trend leads to higher rates of juvenile justice system involvement and engagement in risky behaviors. The rate of chronic absenteeism has climbed during the pandemic, leading state lawmakers to take action and propose a bill to incorporate mitigation efforts.
“It’s almost to the point where we need to meet individually with parents and say, ‘What is it that you need? What are the concerns and how do we mitigate this?’” Patty Norman, Utah deputy superintendent of student achievement, said in a presentation for the school absenteeism bill, which was signed by Gov. Spencer Cox in March.
Utah’s law does not attempt to punish parents for student absences; instead, it includes policies like flexible schedules, mentorship and community support.
