• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Compulsory School Attendance Act Violation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

chade

Junior Member
I received a summons to appear in juvenile court with my child because she missed 17 1/2 days of school throughout the year. This apparently was in violation of the Compulsory School Attendance Act in Arkansas (my family moved here from Oregon 9 months ago) According to the school, these absences were unexcused.

I did in fact send a note to school that the school either didn't receive (child didn't turn in) or didn't give credit for (they want a doctors note even if the child didn't go to a doctor). There were also days my child had to miss school (or part of a day), as a result of an appointment their mother had that would have left no one at home to meet child upon return from school. When we would pick child up from school early to meet these appointments a check out board was sign in the schools office. I think they are calling these unexcused too, due to not having a doctors note but am unsure.

The school also claims that my wife and I were counseled on this matter, which neither of us were. We did receive a note from the school at the end of the year informing us of the Compulsory School Attendance Act and how our child had missed an excess number of days, by then though it was too late for us to do anything. We had no idea they were not getting our notes or if those notes were acceptable or not.

What should I expect at this hearing? Is this something I can be prosecuted for? Also should I asked for or obtain legal representation before I go? I just need some helpful advise and info.
 


Ohiogal

Queen Bee
You should expect to be prosecuted for what is on the summons. You should expect that education is the law. How old is your child?
 

chade

Junior Member
The Child is 9 yrs old.

the summons have no charges placed on it, the petition attached in the back has something that reads:

A violation of ACA 9-21-303 Family in need of Services said juvenile is habitually and without justification absent from school while subject to compulsory school attendance by

- Having missed 17 1/2 days in one or more classes
- Behavior problems while in school.
 

Ohiogal

Queen Bee
The Child is 9 yrs old.

the summons have no charges placed on it, the petition attached in the back has something that reads:

A violation of ACA 9-21-303 Family in need of Services said juvenile is habitually and without justification absent from school while subject to compulsory school attendance by

- Having missed 17 1/2 days in one or more classes
- Behavior problems while in school.
What behavior problems has the child had? Why has the child missed? mom having an appointment does NOT count. At all. The child NEEDS to be in school.

And what you are being charged with a violation of ACA 9-21-303. So expect Children's Services or the Court to be in your life for six months to two years so that your child is in school.
 

Perky

Senior Member
Didn't the teacher bring up either of these issues at parent-teacher conferences? Is it possible that the notices were sent home with your child?
 

chade

Junior Member
Most of her missing days were cold/flue days with a couple ear infection days thrown in. Notes were sent with our children to the school. I do not know if they were all turned in, I must I fear assume some weren't. My other child who also attends the same school only missed half that number (according to report cards) and they often missed the same days - they both share a room and when one was sick so to was the other.

During the conference I was aware of the behavior issue which my wife and I tried to deal with through counsel with our church pastor, ourselves and our daughter. And her behavior has greatly improved (not saying she is a saint, but there is improvement).

The teacher made only passing mention of her days missed until the end of the year. Afterward we made sure she attended school even if she had a cold. She was sent home a few times sick and we would sign her out in the office (thats excused right?).
 

Perky

Senior Member
If the teacher brought it up in conferences, then it was a concern. Consequently, I would say that you were counseled on that matter.

If you call the school, they should be able to provide all the dates for your daughter's unexcused absences.
 

chade

Junior Member
okay thanks for the input, I will see about an attorney then. Will the court appoint one for us at the hearing or should we seek out one prior to our court appearance?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top