Public School Compulsory Attendance

1. Joe Spiess EDL291 10/12/13 Public School Compulsory Attendance

2. What Do You Think? TPS – Think, Pair, Share • Should there be a compulsory attendance age? • If so, what should it be? • Should there be exceptions? Defend your opinion!

3. What does Iowa law say?

4. Iowa Code – Section 299.1a • A child who has reached the age of six and is under sixteen years of age on September 15 is of compulsory attendance age and is deemed to remain of compulsory attendance age even if the child reaches the age of sixteen before the end of the regular school calendar.

5. Iowa Code – Section 299.1a • A child who has reached the age of five by September 15 and who is enrolled in a school district shall be considered to be of compulsory attendance age unless the parent or guardian of the child notifies the school district in writing of the parent’s or guardian’s intent to remove the child from enrollment in the school district.

6. Iowa Code – Section 299.1a Explanation: The child’s parent, guardian, or legal or actual custodian is required to cause the child to attend some public school, an accredited nonpublic school, or competent private instruction.

7. What Does This Mean??? For the vast majority of students, they must attend school from kindergarten through their sophomore year of high school. The adult in their life is responsible and liable for making this happen.

8. Consequences 299.1b: student shall not receive an intermediate of full driver’s license until age eighteen 299.6: adult required to attend mediation • 1st violation: up to 10 days imprisonment and/or $100 fine (simple misdemeanor) • 2nd violation: up to 20 days imprisonment and/or $500 fine (serious misdemeanor) • 3rd violation: up to 30 days imprisonment and/or $1000 fine (serious misdemeanor)

9. Alternate Resolutions The court may order a convicted adult to perform unpaid community service instead of any fine or imprisonment The adult may file an affidavit listing the reasonable efforts made by the adult to cause the child’s attendance and the adult shall not be criminally liable for the child’s nonattendance

10. Iowa Code - Exceptions • Already graduated • Excused by a court or judge • Attending religious service/receiving religious instruction • Attending post-secondary institution • Shown to be physically/mentally unable to attend school • Religious exemption

11. What does federal law say?

12. It doesn’t. There is no federal law regarding compulsory attendance Many laws regulating what happens in public schools, but not that public schools must exist All states have some type of compulsory attendance law enacted

13. What does case law say?

14. Enforcing Attendance for All Griffin v. County School Board of Prince Edward County (US Supreme Court: 1964) – If a state chooses to provide public education, it must be open and available to all children. Plyer v. Doe (US Supreme Court: 1982) – Undocumented children cannot be denied a public education.

15. Enforcing Attendance for All Johnson v. Charles City Community Schools Board of Education (Iowa Supreme Court: 1985) – “Amish Exception” does not apply to all religions In re Interest of Rebekah T. (Nebraska Court of Appeals: 2002) – Adults home schooling students can be found neglectful if not providing “proper education”.

16. Exceptions State v. Priest (Louisiana Supreme Court: 1946) – A married person is exempt from compulsory attendance. Wisconsin v. Yoder (1972) – Amish children are exempt from compulsory attendance laws for high school. Maack v. School District of Lincoln (Nebraska Supreme Court: 1992) – Excluding unimmunized children from school is OK.

17. Board Policies

18. Board Policy Review All that I looked at referenced Iowa Code. Many had identical language to Iowa Code. Some variety of if minimal number of days was stated, and if so how many.

19. Expert Opinions

20. Experts Ronda Cedillo – attendance officer for North high school Arin Renaud – social worker for Harding middle school I couldn’t find contact info for judge who handles DMPS truancy court…

21. Their Thoughts Support moving compulsory attendance age to eighteen Establish a way for students to be held responsible as well as parents Implementation and enforcement would be difficult to execute effectively

22. Other things to consider…

23. ParensPatriae Found in common law doctrine As a parent to all persons, a state has the inherent prerogative to provide for the commonwealth and individual welfare A state has the authority to protect those who are not legally competent to act in their own behalf

24. Economics Center for Education and Research High school diploma recipients make an average of $8,400 more per year than high school dropouts High school graduates contribute more to a state's economy and require less state assistance than high school dropouts Dropouts are more likely to be incarcerated

25. Additional Thoughts???

26. My Recommendationsfor Positive Change

27. Recommended Changes • Increase compulsory attendance age from sixteen to eighteen • Increase options/opportunities for students to satisfy compulsory attendance requirements • Eliminate marriage exception

28. Recommended Changes • Create and operate Fully Encompassing Intensive Support Academies (FEISA’s) • Live on-site facility • Either court ordered or parent volunteered • Minimum enrollment commitment • Weekends off campus can be earned with positive behavior and academic progress • Can earn way out or graduate from FEISA

29. Recommended Changes • Weekday Daily Time Breakdown: • 10 hours of schooling • 2 hours of labor (combination of difficult manual and vocational/career oriented) • 2 hours of recreation • 2 hours of eating • 8 hours of sleep • Adult support of all types provided • Post-secondary scholarship available to all who successfully graduate from high school