The Missouri Supreme Court on Tuesday upheld the convictions of two single mothers who were charged with violating the state鈥檚 compulsory attendance law after their children missed school without a documented illness.
focused on what 鈥渞egular attendance鈥� means and whether the state law was too vague.
Ellen Flottman, a public defender representing the mothers, argued the law is inconsistently applied. The children鈥檚 school district, Lebanon R-III School District, required students to attend school at least 90% of the time, but defendants didn鈥檛 know if this percentage included excused absences.
鈥淢y clients were not acting knowingly鈥�. They鈥檙e being misled by the school handbook and the school administrators,鈥� Flottman said in May.
Assistant Attorney General Shaun Mackelprang, who represented the state, told the Supreme Court that the definition of 鈥渁 regular basis鈥� means attending school every day school is in session.
According to the filing, one student missed nine days of school without an excuse called into the school鈥檚 office, and the other defendant鈥檚 child was absent seven days without an excuse.
Missouri Supreme Court Judge Robin Ransom wrote, with five in concurrence, that these unexcused absences violated state law.
She wrote that there are two reasons children can be absent from class: If a parent removes them from the school鈥檚 rolls or if they are 鈥渕entally or physically incapacitated to the satisfaction of school officials.鈥�
Ransom wrote that, because state law doesn鈥檛 mandate 90% attendance, the discussion of the district鈥檚 policy is 鈥渙f little relevance.鈥�
The district鈥檚 actions did, though, inform the parents that they were breaking the law, the ruling says.
鈥淣either (defendant) was provided information by the school to suggest there would be no consequences for each child鈥檚 failure to attend,鈥� Ransom wrote. 鈥淩ather, school officials consistently communicated that regular attendance was required.鈥�
The ruling affirms both state law and the decisions of the lower courts to convict the parents.
Because of Laclede County Circuit Court鈥檚 ruling, one mother spent seven days in jail, and the other received two years of probation.
This story was originally published by the Missouri Independent, part of the States Newsroom.
