The Volokh Conspiracy

[Joanne Jacobs (guest-blogging), December 8, 2006 at 11:54am] Trackbacks
Truant parents

Threatened by "jail time," Philadelphia parents of chronic truants showed up at a group meeting to hear a lecture on truancy from Mayor John Street. The city sent letters to parents of 6,000 truant parents; about 4,000 people came to hear the mayor's pitch, accompanied by threats. The Inquirer reports:

From now on, (Street) said, Philadelphia School District students with more than three unexcused absences will get a home visit from a truant officer. And parents whose children rack up eight or more illegal absences could find themselves in weekend parenting classes, hauled before a judge, or even in a jail cell.

For years, teachers have been complaining that they're held accountable for the progress of students who don't bother to show up every day. They want parents held accountable. But how? Following through on the mayor's threats will be an expensive proposition. For a start, Philadelphia is hiring 400 new truant officers.

Some parents clearly are reluctant to accept responsibility.

. . . the threat of a fine she can't afford or of jail time was enough to get (Krissy Jackson) to the meeting.

"It's $500, or you could go to jail," Jackson said. "I don't want to do that."

Jackson said she does her part. She faulted the schools for not being able to keep students in class.

"What should we do?" she asked. "We're a lot of single parents. I give them [SEPTA] tokens and send them to school - I can't do anything else."

Chronic truants start missing class in elementary school. By high school it may be too late for parents to assert control. Education Gadfly has more on "anti-poverty paternalism."

Nobody (mail):
Would anyone care to comment on the constitutionality of imprisoning a person for actions (or inactions) committed by another? That's smells un-kosher to me, but I'm not sure what the basis would be.
12.8.2006 12:11pm
Daniel Chapman (mail):
The action in question is failure to fulfill a legal duty to control your children. It's being committed by the parent. We have a similar law in Wisconsin.
12.8.2006 12:21pm
Nobody (mail):
It is not news that children sometimes don't do what their parents tell them to do. If the parents tell the child to go to school, and the child leaves the house in the morning with his bookbag but then skips school, how is the parent to know, much less do anything about it? It's well and good to talk about a "duty to control your children," but as a matter of practical fact, how is a working parent supposed to prevent this? And how can it be lawful to lock a parent up for failing to prevent that which he is (literally) unable to prevent? And to what end?
12.8.2006 12:24pm
Daniel Chapman (mail):
There is a defense to the crime if the child is deemed to be uncontrolable, but it takes a lot more than "I sent him out the door with his backpack... how was I supposed to know he didn't go???" to establish it.
12.8.2006 12:37pm
Luke G. (mail):
Why should high school age children be forced to go to school in the first place? I think 90 percent of school discipline problems arise because students simply don't want to be there.
12.8.2006 12:40pm
Steve:
I think certainly, at the margins, there are SOME parents of truant children who have the capability to make them attend school, but aren't trying hard enough. Hopefully this lecture scares some of them straight. As for the remainder, I very much doubt the City plans to just lock them all up and throw away the key, but there are plenty of intermediate steps that can be taken short of that.

It's nice to see someone at least making the effort to address this problem. Not all of these kids are beyond help, surely.
12.8.2006 12:40pm
Alan P (mail):
Threatening to lock up parents is just show biz. No one has any real intention on following through.

The main point to be noted is that it is absurd to hold the school responsible for educating students when they and their parents don't want to make the effort. Fully ten percent of registered students in Philadelphia are missing daily. The day after the meeting, the Inquirer reported no significant change in attendence.

This is the flaw in "No Child Left Behind" It looks at school perfromance where the schools are only marginally responsible for performance. The key is the student and his or her family being interested.

That is why Charter Schools and some private schools with similar demographics do better. Parents must be sufficiently involved to put their children in these schools. Without parental involvement, it is a rare child that will do well.
12.8.2006 12:48pm
Bruce Hayden (mail) (www):
I can see why some would think that the NCLB law is a bit unfair. But it was probably more unfair in the opposite direction before the law was enacted. I know someone who had all three of her kids thrown out of the Phoenix public schools after the school system had collected their federal monies for the students, but before they had had to spend much of it on educating them. Quite the scam, let the kids go for a month or so, pocket the money, and then spend it on higher salaries for the administrators instead of educating the kids that they were being paid to educate. At the time, the HS classes would be overloaded each fall, sometimes with kids having to stand, until enough kids could be thrown out that everyone could have a seat.
12.8.2006 1:03pm
jvarisco (www):
This seems like it makes some sense. But why not hold the kids accountable too? If they refuse to go to school, punish them. And I don't mean like detention - something that they would actually try to avoid.
12.8.2006 1:03pm
Pete Freans (mail):
"What should we do?" she asked. "We're a lot of single parents. I give them [SEPTA] tokens and send them to school - I can't do anything else."

I am curious: does mom attend PTA meetings and other events at the school? Does she check her children's homework every night? Has signed their quizzes, tests, and report cards? Any or all of the above actions should help a parent determine if their child is a truant. I wish I could release myself from life's responsibilities with a mere subway token...
12.8.2006 1:05pm
Ken Arromdee:
One wonders how a working mother who may have a minimum wage job with irregular hours, no transportation except public, and possibly other children for whom a babysitter would have to be found if she's out of the house at night, can be expected to attend PTA meetings.
12.8.2006 1:22pm
jgalak:
One suggestion to address Kenn A.'s point is that when schools run parent-teacher conferences, they should provide free child care for the othert kids for that period of time. That shouldn't cost that much money for the school, but could make a big difference for parent ability to attend when they have other (usually young) children to take care of.
12.8.2006 1:31pm
Bret (mail):
Fine Ken, she very few who actually meet that demographic can be excused from missing PTA meetings, but what about the other things? Does it really require that much effort to involve yourself in your child's life? And is poverty really an excuse?
12.8.2006 1:52pm
Sarah (mail) (www):
One could argue that a system in which any 18 year old who can't or won't work can find a (generally unpleasant) way of surviving without being a burden on his/her parents, and where 65 year olds can find a (potentially unpleasant) existence without needing their children to take care of them, has created a situation in which there aren't any natural consequences for the parents of children who are not prepared for adulthood.
12.8.2006 1:58pm
Duncan Frissell (mail):
Simple method of avoiding such legal liability -- remove your children from school. Then they aren't AWOL since they're not on the books. Even better if you never enroll them in the first place, of course. Home schooling is legal in all 50 states.

----
Some years ago, my daughter was asked by a woman in a shop why she wasn't in school. She gave the answer I had previously suggested, half in jest. "My daddy doesn't believe in your schools. He says they're controlled by the communists." Further deponent sayeth not.
12.8.2006 2:14pm
Dan Palmer (mail):
Here's what Krissy Jackson can do: stop having children! Don't whine about not having time to accept responsibility for your children. You didn't have to get pregnant. Birth control is cheap and easy to get in the United States. if you aren't willing or able to raise and discipline then you shouldn't have any.
12.8.2006 2:50pm
Dan Palmer (mail):
And picking my pocket in the form of higher taxes to provide 'free child care' to subsidize her irresponsibility is not an acceptable answer.
12.8.2006 2:55pm
Ken Arromdee:
Providing free child care may help somewhat but doesn't address the other problems. If you have a choice between going to a PTA meeting and getting fired from your job, or going to work because your employer scheduled you to work nights, you go to work.

Or any of a host of individually rare but cumulatively not-so-rare situations that can turn up. (What if the PTA meeting isn't actually during job hours but going there means the mother gets 3 hours of sleep that night? What if the mother simply has something more important to do, a health clinic appointment for instance?)

We can't assume all mothers have the freedom that the upper-middle-class has.
12.8.2006 3:04pm
Roger Schlafly (www):
For years, teachers have been complaining that they're held accountable for the progress of students who don't bother to show up every day. They want parents held accountable.
Yes, teachers want students to show up, but you omitted the main reason. In California, the school district gets paid $40 for every day a student shows up, and most of that goes to teacher salaries.
12.8.2006 3:14pm
NickM (mail) (www):
There are two kinds of truants: kids who never show up at school in the first place, and kids who show up and then leave. The school bears more responsibility than the parents for the second type.

Now if something meaningfully bad started happening to habitually truant kids, including failing classes, truancy problems might decrease significantly.

Nick
12.8.2006 3:16pm
Scott Schaefer (mail):
Can anyone cite what consitutes an illegal absence. The Inquirer article is pretty hopeless -- twice it juxtaposes the terms "unexcused absence" and "illegal absence" within a three-paragraph section.

If "unexcused" == "illegal", then what precisely consitutes "unexcused" ? I am not familiar with Penssylvania state law, or whatever local law may apply in Philadelphia, but I can add the following to the discussion:

This schoool year, our local school district [in Indiana] has started to send letters to parents when their child accumulates 4 "unexcused absences"; an additional letter is sent if the child then reaches 9 "unexcused absences" by the end of the year. Here's the important part: an absence is "unexcused" unless a written or faxed document signed by a physician is received by the school. Neither a written note signed by a parent, nor a phone call is deemed to consitute an "excuse".

I have been told by two school officials that there is (currently) no law relating to unexcused absences, but that "several dozen" districts in the state are part of a "pilot program to improve attendance" -- the cost of hiring of additional truant officers and "attendance counselors" is covered by additional funding from the state.

Here, of course, we have the unintended consequences. Responsible parents are now sending their sick children to school rather than keeping them home, where they are of course exposing an entire classroom of children to germs, viruses, etc. Responsible parents keeping their sick children at home are now making unneccesary trips to their physician. Responsible parents who might normally be able to rely on grandparents or other caregivers to at least stay in the home with their sick child are required to miss a day or more of work to go to their physician.

Physicians, of course, are wasting innumerable hours seeing mild- to moderately-sick school children and filling out a form for the parent. Many, of course, are advising parents to "just call the office when your child is sick, and we'll fax over the form". However, physicans are unsure of their legal liability (and ethical reposnsibilities) regarding signing a form without actually seeing the patient.
12.8.2006 3:39pm
Daniel Chapman (mail):
Frequently Asked Questions about Wisconsin's compulsory school attendance laws. Many of your questions are answered there. Each state is different, obviously.

(.pdf)
12.8.2006 3:51pm
Daniel San:
Jail seems excessive. Fines seem pointless. It sounds smarmy, but mandatory parenting classes have shown some success, both with delinquency and truancy.

Most parents of juvelile delinquents and chronic truants love their children, but they often lack basic parenting skills. I am inherently sceptical of social workers, but if it works, and it is no more burdensome that the alternatives, try it.
12.8.2006 4:33pm
David Chesler (mail) (www):
Is the PTA in these districts different than in mine, where it is essentially a boosters club? It raises money, and disburses it for field trips and such.

And I don't bother going. The same clique knows what it's going to do -- the exact thing they did last year. I was starting to put in face-time at a K-5 school's PTA (as well as being on the principal's privy council), but then we got redistricted, and it didn't seem worth the bother to start all over.

My mother went to one PTA meeting, right around the 1968 school strike in NYC. There was a motion to suspend the rules to allow someone to speak or something, and she voted Aye but the motion failed; then another such motion for a different speaker, and Mom figured if they weren't going to allow suspensions they should be consistent, so she voted Nay, and someone said "Why do you vote to allow white people to speak but not to allow black people to speak?" and she said to hell with this.

We have parent-teacher conferences, one-on-one, but that's something different.
12.8.2006 5:24pm
Elliot123 (mail):
Do we have any emperical data on the effect of truancy on reading and math scores? If one must go the school to learn, can we then ask if those who go to school actually learn? Is there any reason to accept commonly held beliefs here? I'd love to see a study that determined if there actually was a correlation between days missed and test scores. If there was, then we might look for causality
12.8.2006 5:45pm
SpenceB:

"Would anyone care to comment on the constitutionality of imprisoning a person for actions (or inactions) committed by another? That's smells un-kosher to me, but I'm not sure what the basis would be (--Nobody)

______________


Perhaps more interesting -- is the constitutionality of any "truancy" law whatsoever.

Under what constitutional provision are truancy-laws enacted and enforced ?

There seems to be no basis for truancy-law in any state constitution... and certainly not in the U.S. constitution.

A legal requirement for long term attendance/obedience at a government or government-controlled institution ("school") would seem a fundamental deprivation of personal liberty.
If such deprivation is truly legal -- what are the limits of government action/control of the citizenry in that area ?
12.9.2006 10:28am
Oren Elrad (mail):

Why should high school age children be forced to go to school in the first place? I think 90 percent of school discipline problems arise because students simply don't want to be there.


Because high school students (and most adults) have a defect in their ability to properly judge the economic benefits of delayed gratification. Due to the way the teenage brain is wired, they are simply unable to make economic decisions that properly account for future utility.

It's the same reason we don't allow them to open credit cards - it would irresponsible to put that sort of decision making in the hands of people that are unable to appreciate the consequences down the road.
12.9.2006 12:00pm
Nate F (mail):

Perhaps more interesting -- is the constitutionality of any "truancy" law whatsoever.

Under what constitutional provision are truancy-laws enacted and enforced ?


I'm no lawyer pretty sure the courts have ruled repeatedly that some provisions of the Constitution don't fully apply to minors. Hence, random car and locker searches in high schools, for example.
12.9.2006 3:41pm
Daniel Chapman (mail):
Unless the state constitution LIMITS the state government, States have a pretty free hand to do stuff like this under the police power. States, unlike the Federal government, are not constrained to enumerated powers.
12.9.2006 10:01pm
raj (mail):
If the object is to avoid holding teachers accountable for the progress of students who don't bother to show up every day, why not just not hold them accountable for the progress of students who don't bother to show up every day?

I suspect that there is something more to it than that going on--such as the state or the federal government withholding funds for schools whose registered students don't do well on standardized tests. Something can be done about that, too--change the funding rules.
12.10.2006 9:04am
SpenceB:

"Unless the state constitution LIMITS the state government, States have a pretty free hand to do stuff like this under the police power. States, unlike the Federal government, are not constrained to enumerated powers." (- Daniel Chapman)

_________________

... State governments certainly do NOT have unlimited authority to legislate as they please. State constitutions impose severe limits upon government actions -- which is a prime purpose of such constitutions to begin with.

The Pennsylvania state constitution (Article I) makes it quite clear that state powers are delegated -- and may not override the inherent &stated rights of Pennsylvania citizens ... especially rights to life and liberty.

Hard to see how compulsory education laws (..truancy laws) are constitutional in Pennsylvania, or any other state ?
12.10.2006 3:21pm
dew:
SpenceB: "Hard to see how compulsory education laws (..truancy laws) are constitutional in Pennsylvania, or any other state ?"

One of the delegated powers (requirements, actually) in the PA constitution:
"Public School System (Article III, Section 14)
The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth. "

I know nothing of the laws of PA, but the text above suggests to me that truancy laws can be legal in PA, if permitted by the legislature.
12.12.2006 12:27pm