WASHINGTON COUNTY — If a teenager in Washington County skips school too many times, he could end up in jail.
This is the first school year for Truancy Court, modeled after a similar program in Faulkner County, said David Hogue, deputy prosecutor for Washington County. It deals with students ages 13 to 17 who frequently miss school, he said.
Occasional skipping will not necessarily lead to a court appearance.
About 20 students appeared for the February court session. Their schools included George Junior High School in Springdale, Fayetteville High School and Fayetteville’s Ramay Junior High School. One boy was from West Fork.
The longest jail sentences were nine and 13 days for two students in the Fayetteville alternative program. Circuit Court Judge Stacey Zimmerman gave them a day in the Washington County Juvenile Detention Center for each day they missed school since their last court appearance.
Those ordered to serve time were immediately taken into custody.
A 17-year-old from Springdale planned to take the General Educational Development exam the next day.
His grandmother said she thought the judge was fair, but she wished he could have served time after the test. Zimmerman said he could take it later.
How It Works
Students are referred to Truancy Court after a Family In Need of Services petition is filed with Washington County Juvenile Court, said April Shy, a lawyer who represents teens at the hearings. The judge determines at their first hearing whether they need court supervision and orders them to attend school.
Truancy is not a criminal offense in Arkansas, Shy said. The jailed students were held in contempt of court for violating the judge’s order.
Schools attempt to contact parents and discipline the student before referring them to juvenile court, Shy said.
A first offense for skipping school in Springdale leads to detention, said Don Love, assistant superintendent. The second can lead to in-school suspension, and penalties can increase for more infractions.
Schools usually report the student after 10 absences, whether excused or unexcused, Shy said. Truancy hearings used to be held only when Zimmerman reviewed petitions for other behavioral problems.
The Benton County Juvenile Court still handles truancy cases in conjunction with other Family In Need of Services petitions, said Petie Cobb, chief probation officer for Benton County Juvenile Court. Punishments for skipping school are done on an individual basis, she said.
One advantage to Truancy Court is the parents and students see the judge with others who have the same problem, and they receive the same type of punishment, said Rhonda Wood, Faulkner County Juvenile Court judge.
“The families see everybody held to the same standard,” she said.
Most Washington County students miss fewer days after entering the program, Shy said. One 17-year-old from the Springdale Alternative Center was released from court supervision after attendance improved.
“It’s a tremendous program to get kids attending school,” said Jon Gheen, director of the Fayetteville alternative program.
Legal Lingo
Contempt Of Court
There are two types of contempt: civil and criminal. A person can be held in civil contempt for disobeying or disregarding a court order. Criminal contempt involves misconduct in a court proceeding. A judge can levy a fine, jail time or both as punishment.
Source: lectlaw.com
***
At A Glance
Need Of Service Petition
A Family In Need of Services petition is filed in juvenile courts for children who exhibit behavior such as running away from home, truancy, disobedience or alcohol and drug abuse. A petition can be filed by any adult or a child 10 years or older. After reviewing the petition, a judge can place the family under court supervision.
Source: Staff Report
High school graduates are in a better position to compete for jobs than dropouts, said Tim Weiss, Springdale alternative learning director. One of the main reasons students don’t graduate is they skip too many classes, Love said.
Students who aren’t in school may spend that time misbehaving and committing crimes, Wood said.
The Faulkner County program started in 2007. Now, local teenagers know the consequences of missing too much school, Wood said.
Conditions, Consequences
Conditions of Zimmerman’s order are parents must report any absences by their child to the court, and sick students are required to get a doctor’s note. They must go to school even if they have lost credit for classes because of too many absences.
Parents found in contempt can be sentenced to jail or fined up to $500.
No parents were held in contempt at this month’s hearing, but one Fayetteville mother was ordered to come back in April for a follow-up hearing because her daughter missed school Jan. 13. The student went with her mother to an eye doctor in Siloam Springs that day and never returned to class.
“You can’t just keep her in Siloam Springs all day because it’s convenient and you have errands to run,” Zimmerman said.
The daughter spent the night in the detention center.
Most teens did not resist being taken into custody. One exception was a 15-year-old Ramay student.
Zimmerman told the student’s mother the girl would go to a foster home if she continues skipping. The girl scoffed at that suggestion and Zimmerman reprimanded her for the outburst.
When the girl put her head down and refused to speak to the judge, Zimmerman declared her in contempt and ordered her arrested. A sheriff’s deputy was called to haul her away. The girl shouted expletives on the way out of the room.
The judge ordered the girl held overnight in the detention center, mental health screening and a drug test. Zimmerman said she would evaluate the case the next day.