CA Truancy Bill Would Send Parents to Jail

Some of their parents, after repeated warnings, were sent to truancy court in Alameda County and charged with an infraction.

Senate Bill 1317 would make truancy a misdemeanor, at least for the more serious offenders—those whose children have missed 10 percent of the school year.

"The circumstances of their lives haven't changed one iota, and now we're going to punish them harder."

Adrian Kirk, who directs the Oakland school district office that works with truant children and their families, said he feels the bill is too punitive.

As they fall further behind in school, they become embarrassed and discouraged when they go to class and seek out peers with similar attitudes about school.

Many have physical or mental health problems, move from home to home, and rely on public transit to get their child to school.

Under a recent amendment, school districts would be required to provide "language accessible support services to address the pupil's truancy," referring a parent to the justice system.

Under a recent amendment, school districts would be required to provide "language accessible support services to address the pupil's truancy," referring a parent to the justice system.

"I think that everyone realized that for too long, issues that affect children were seen as small issues—maybe because children are small—instead of taking these on as big issues," Harris said.

Teresa Drenick, a deputy district attorney for Alameda County, said parents often wind up in truancy court because "their life issues have gotten so overwhelming to them that getting their child to school becomes a very low priority."

Parents sent to court will be allowed to enter a guilty plea in exchange for a "deferred judgment."

Its legislative analyst, Isabelle Mussard, says the organization still has concerns about the further criminalization of families.

Contra Costa County's nine elementary school districts reported that 5,600 children—or 22 percent of their combined enrollment—had at least three tardies or unexcused absences in 2008-09, according to data posted by the California Department of Education.

The legislation was drafted by Kamala Harris, the San Francisco district attorney and candidate for state attorney general.

Safe Passages, a 12-year-old intergovernmental partnership that advocates for Oakland's poorest children and families, withdrew its opposition after the recent amendment to the bill.

Teresa Drenick, a deputy district attorney for Alameda County, said parents often wind up in truancy court because "their life issues have gotten so overwhelming to them that getting their child to school becomes a very low priority."

That means the charge will be dismissed if their child's attendance improves and they have followed court orders, which may include parenting classes and substance abuse treatment.

As they fall further behind in school, they become embarrassed and discouraged when they go to class and seek out peers with similar attitudes about school.

In the Oakland school district, more than 5,000 children in kindergarten through eighth grade—or 18 percent—missed at least five full days of school without excused absences this past school year, according to district records.

Others suffer from domestic violence and homelessness.

Their attendance then worsens, she said, as do their prospects for high school graduation and gainful employment.

"I think that everyone realized that for too long, issues that affect children were seen as small issues—maybe because children are small—instead of taking these on as big issues," Harris said.

Drenick says it is important for the court to step in when parents have not responded to appeals from the school district.

"The circumstances of their lives haven't changed one iota, and now we're going to punish them harder."