Midlands Voices: Truancy remodel is poorly defined

The writer is the mother of two children in the Millard Public Schools.

A recent World-Herald headline characterized the agenda to reduce school absences as the "war on truancy." To conscientious parents who associate truancy with kids who are skipping school without their parents' permission, getting into trouble and falling behind in school, it seems like a good idea. Who wouldn't want to stop this behavior?

The problem: Nebraska's new law redefines truancy and makes missing school for any reason, except serious documented illness, a delinquent behavior that will lead to academic failure, unemployment and crime. This simplistic view misses the root of school success — the family.

State Sen. Brad Ashford, sponsor of the legislation, said that excessive absenteeism "should be the focus in this 'war.' " Is that a war on truancy or something else entirely? The U.S. Department of Justice defines truancy as "unexcused absences," but besides a recently added exception for "documented illness," the distinction of "excused" has been removed.

The new law states: "School districts may use excused and unexcused absences for purposes of the policy. . If the child is absent more than 20 days per year . the attendance officer shall file a report with the county attorney."

Previously excused absences such as common illness, a death or serious illness in the immediate family; observance of religious holidays; educational activities; or personal reasons are counted toward criminal truancy.

Lawmakers assert that students with excused absences will not be prosecuted, but nowhere in the law is that guarantee made. It is true, however, that no student will be prosecuted if his or her absences are excused by members of the Truancy Diversion Task Force or if he or she agrees to cooperate with interventions deemed necessary.

Douglas County Juvenile Court Judge Elizabeth Crnkovich, presiding judge of the Douglas County Truancy Diversion Program, explained to Millard parents that "the county attorney has absolute authority to prosecute . [but has] agreed to work with the Truancy Diversion Task Force." She described the multi-disciplinary team of experts as "problem-solvers" while at the same time referring to the law as a necessary "hammer" behind these "helpful" interventions.

She talked enthusiastically of future plans that include a separate truancy center where families could come and meet with these "problem-solvers" and therefore be less intimidated by the legal process. She encouraged parents not to think of judges and attorneys as punitive but as people who want to help.

Besides the obvious problems with the convergence of law enforcement and education, the stated reasons for doing it are suspect. Corky Forbes, director of Saunders County Arrive Program, said, "Missing school means falling behind — in test scores, in attending college and even later in the job market."

Missing school does not mean this! While those who have bad test scores, low college attendance and a hard time in the job market may have missed a lot of school, missing school does not overwhelmingly lead to those things.

The fact is that the school attendance patterns of successful professionals or the average hardworking Nebraskan are not regularly studied. Forbes likens the absences of a first-grader to the strict attendance required of full-grown adults in the work force. Does she think that adults who as youth traveled with family while school was in session, or stayed home with a tummy ache, would en masse throw off the responsibilities of adult life?

Forbes said, "People don't always understand the importance of attendance. They think that as long as you do your schoolwork, it doesn't matter." Is she saying that if a student is mastering the academic material, then that student is still at risk? I don't agree!

The governor was quoted as saying, "You can't learn if you're not in school." Is the governor prepared to stand by that statement in every case? Does he believe that a student who seizes the opportunity for a youth mission trip is not learning just because he or she is not behind a desk? Is it the governor's position that parents cannot be trusted with the occasional instruction of their child while traveling to visit distant family members?

We need to take a closer look at the motivations driving this agenda before we remodel the whole system. State Sen. Tony Fulton summed up the crux of the problem when he said, "Bottom line is that there seems to be a fundamental misunderstanding as to who has the prerogative of authority in educating children. Where I come from, parents trump government in that regard."