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Do US Laws That Punish Parents For Truancy Keep Their Kids In School?

Recently, a mother from Berks County, Pennsylvania died in jail while serving a 48-hour sentence. She received the sentence as she could not pay for her children’s truancy fines. Over the course of more than a decade, she had accumulated approximately $2,000 in fines and court costs. Sadly, this mother’s situation is not unique, as other parents across the US face fines or jail time due to their children’s unexcused absences. Although it is challenging to quantify the number of such instances nationwide or even at the state level, the Berks County school district alone has imprisoned over 1,600 individuals, mostly women, between 2000-2013 for failing to pay truancy fines.

Many states have laws that enforce similar punishments. Nevertheless, according to Joanna Heilbrunn, the director of the National Center for School Engagement, several other educational policy organizations, and the Guardian newspaper, there is no concrete evidence to support the idea that imposing fines and imprisonment on parents helps reduce truancy.

The Guardian discusses with Heilbrunn the demographics of truancy in America, the effectiveness of these punitive measures, and alternative punishments, such as suspending a teen’s driver’s license. The publication also scrutinizes each of the 50 states’ education laws, which define truancy differently and impose varying degrees of punishment.

Depending on the state, students can be classified as truant after one day or up to "10 half-days" of unexcused absence. Schools handle minor offenses such as truancy through warning letters, parent-teacher conferences, and other means. However, in 40 states and the District of Columbia, parents of repeat offenders can face fines ranging from $20 to $1,500, plus court fees, or short-term imprisonment.

The Guardian’s conversation with Heilbrunn is supported by data from the National Center for Juvenile Justice’s 2010 Juvenile Court Statistics report, one of the few national sources of information on truancy. The report examines the truancy cases that state juvenile courts around the country handled.

Tragically, the woman who died in jail last week threw light on truancy fines. Some news outlets coined the term "debtors prison" to describe her jailing, which prompted further thought on how and why such fines came to be. However, according to Heilbrunn, there are not enough studies to quantify the effectiveness of levying fines compared to alternative measures. Heilbrunn cites several anecdotal cases where punitive measures did not work and suggests that supportive measures work better as some reason typically underlies an absence.

Heilbrunn also highlights that for elementary school children who love to go to school, the parent’s role is to get the child to school. Therefore, when a parent fails to do so, something else might be going on besides not caring about the child’s education.

The purpose of fines is not to facilitate the process of taking a child to school. Instead, they produce more stress for parents, which is counterproductive. This is because it does not help them to take their children to school. When we talk about older children, parents may feel helpless about a child who does not follow their instructions. For instance, some parents narrated cases to me where they would drop their child off at school, but the school did not take any steps to keep the child inside the premises. Sometimes they found out that their children left the school via the back door, and the school administration would blame them. Regardless, it is difficult for schools to force teenagers to stay within school boundaries. However, we need to consider the circumstances that are driving the child to depart from school.

Almost every student wants to succeed in school since the feeling of receiving good grades and compliments from teachers is gratifying. Students tend to continue enjoying this feeling if they have always done well academically since early childhood. Nonetheless, if a child does not do well in school, it is a sign that something is impeding them from achieving their potential. What I have learned from teenagers who have struggled with attendance is that truancy is somewhat addictive. Skipping the school the first time may seem fun and frivolous. However, this may turn into a habit if a student does it repeatedly. This often leads to students feeling left out in the classroom, and they fall behind in their academic work. For some students, truancy may serve as a temporary escape from challenging family situations or other personal issues. Therefore, engaging in punitive responses does not address the problem.

Economic disparities and gender do play a role in truancy rates. Typically, boys are more likely to engage in disruptive behaviors than girls. However, concerning truancy, boys and girls are equally likely to stay away from school. Furthermore, truant students tend to come from lower-income families. This is because families that have more financial resources can address or avoid these issues before they escalate. For instance, these families may be open to seeking counseling for their children if they develop signs of depression or any other behavioral problems. Additionally, wealthier families tend to have more educated parents who know the best way to respond when their children encounter problems.

There are alternative ways rather than fining parents to tackle truancy. Evidence suggests that taking away a student’s cellphone is more effective than imposing fines. Additionally, taking away a student’s driver’s license is more impactful than fines. Therefore, ordering parents to lock away their children’s cellphones or other electronic gadgets that are distractions can be more effective in curbing truancy.

Numerous courts participate in pre-court interventions, which are commonly known as “pre-court diversion programs,” and they are known to be highly effective. These initiatives involve matching the family of the truant student with a social worker, case manager, or an attendance advocate. Although different programs may refer to these individuals by various job titles, they are all supportive persons with a background in social work. Their main function is to personally connect with the family, win their trust, and identify the problem so that they can direct the family to the appropriate referrals. Referrals go beyond providing a phone number; instead, advocates prefer to accompany families to mental health centers and schedule therapy sessions together.

Advocates are skilled in assisting with minor issues such as providing the student an alarm clock or a bicycle to facilitate transportation to school. Their support extends to helping the family secure employment or paying their bills if, for instance, the electricity has been disconnected. It is important to realize that a lack of essential services like electricity could lead to various issues, including a decline in school attendance, hence the urgency to have it reconnected.

Schools also play a pivotal role in truancy prevention. Research shows that students are more motivated to attend school when they feel that someone in the school cares about them in a personal capacity. Unfortunately, many students feel otherwise, and they do not have anyone in the school that they can relate to or who shows them care and concern.

However, the most effective truancy reduction programs involve the collaboration of families, teachers, and school administrators. Overcoming the multiple barriers that often impede progress in truancy prevention requires a collective effort. In 2019, the Guardian conducted an in-depth examination of truancy fines in the UK. To scrutinize the report titled "Reality Check: Does Fining Parents Help Cut Truancy Rates?" click here.

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