New law cracks down on truancy: Parents and students face tough penalties

BY ROGER SMITH
MOUNTAIN CITIZEN

INEZ — A hard-hitting new Kentucky law, in effect as of July 15, requires school districts to crack down on truancy by reporting unexcused absences directly to the county attorney.

Martin County Attorney Melissa Phelps discussed the impact of the new truancy law on students, parents, the school district, and her office.

“Attendance is lower across the state after COVID,” Phelps said. “It’s affecting all school districts, so legislators put some more teeth into the truancy laws.”

The law requires the school district to report any student with 15 or more unexcused absences to Phelps’ office. At that point, the student and their parents can face criminal charges in court.

“Kids could potentially be sent to juvenile detention and their parents could face jail time,” Phelps stated. “They could end up in family court, and the children could be removed from the home.”

Phelps expressed a preference for working with families.

“Our goal is to really monitor students’ attendance and try to determine the underlying issues that are keeping them from getting to school,” she said.

The county attorney’s office will receive a monthly absentee list from the school district.

Martin County Attorney Melissa Phelps

“My staff will review that list and determine what we can do to eliminate any barriers preventing students from attending school,” Phelps said. “We will work with the families, if possible, and try to get the kids in school.”

Phelps obtained a list of students from the last school year who would have fallen under the new law. She is sending out letters to inform parents and students of the number of unexcused absences last year and to make them aware of the new law and process.

“We will be sending out over 300 letters,” Phelps remarked. “Over 300 students in the district had 15 or more unexcused absences. We’re doing that as a courtesy just to let them know the law has changed and that it’s going to be different.”

She noted that if a student is sick, there is paperwork they must complete and submit to the school.

“The point is to encourage attendance,” she said. “I don’t want to send anybody to jail or put kids in jail, but if push comes to shove and they won’t cooperate, we will do what we have to do and enforce the law.”


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