LOUISVILLE, Ky. — Under a new law from the Kentucky General Assembly, parents of students who miss too many days of school could be facing criminal charges.
A new law, HB 611, is aimed at addressing student attendance. It says students who have 15 or more unexcused absences will be referred to their local County Attorney's office.
"The goal of HB 611 is to reduce unexcused absences, promote consistent attendance, and ensure students receive the support they need to stay engaged in school," a news release said.
To comply with the new law, Jefferson County Public Schools (JCPS) will begin the mandatory referral process to the Jefferson County Attorney’s Office (JCAO) in October.
They say unexcused absences are those not reported to a school or when a student doesn't produce a valid reason for missing school.
“Every child deserves to receive their education,” Jefferson County Attorney Mike O’Connell said. “My office will push an outreach campaign to guardians of children in grades K-5 who may be chronically absent because even the most conscientious elementary student still needs the assistance of an adult to regularly get to school.”
The misdemeanor offense carries up to a year in jail and/or a $500 fine.
Letters will be sent from the JCAO to parents/guardians of students in grades K-5 who may have 15 or more unexcused absences. The letter will refer to the new law and say their child’s lack of attendance could result in a criminal charge.
If you receive a letter about your student, it says "to avoid any possible criminal charge, your child must attend school daily and be on time."
The letter also says your students attendance will be monitored to make sure the issue is corrected.
O’Connell said taking a parent/guardian to court is only a last resort.
“As these letters will state, ‘Neither my office nor the JCPS system wishes to prosecute anyone. We simply want your child to receive the education that all children deserve,’” O’Connell said.
Last school year, 24% of JCPS students had 15 or more days of unexcused absences compared to 11% in 2018-19, the release said.
The district said their absenteeism rate, which is defined as missing more than 10% of school days, ranked 41st highest among Kentucky’s 171 public school districts in the 2022-23 school year.
“Research is clear that students learn best when they are in school receiving face-to-face instruction from a teacher,” JCPS superintendent Marty Pollio said. “We will continue our best efforts to get kids to school through support and encouragement."
The release said all JCPS schools are committed to providing support and resources to help improve student attendance and school leaders are prepared to "use multiple interventions in an effort to preemptively keep a student from reaching the 15 unexcused absence threshold."
The release lists counseling, parent conferences, and family team meetings as intervention strategies.
Every school also has an attendance support team, school-based mental health team, and access to other district resources to provide wrap around services to students struggling with chronic absenteeism.
"JCPS will continue to communicate with families as attendance issues arise," the release said.