by James C. Sherlock
COVID has interrupted the enforcement of Virginia’s truancy statute (Code of Virginia § 22.1-254. Compulsory attendance required).
The purpose of that law is offered by Virginia Department of Education regulations.
Students who attend school regularly beginning in kindergarten are more likely to succeed academically. Academic achievement, especially in math, is affected by attendance. Moreover, student nonattendance affects standardized test scores, graduation rates, and dropout rates.
The law requires:
“every parent, guardian, or other person in the Commonwealth having control or charge of any child … shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, cause such child to attend a public school or a private, denominational, or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the division superintendent, or provide for home instruction of such child as described in § 22.1-254.1”.
That law also directs that a school board shall excuse from attendance at school for either of only two reasons:
“1. Any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school. For purposes of this subdivision, “bona fide religious training or belief ” does not include essentially political, sociological or philosophical views or a merely personal moral code; and
2. On the recommendation of the juvenile and domestic relations district court of the county or city in which the pupil resides and for such period of time as the court deems appropriate, any pupil who, together with his parents, is opposed to attendance at a school by reason of concern for such pupil’s health, as verified by competent medical evidence, or by reason of such pupil’s reasonable apprehension for personal safety when such concern or apprehension in that pupil’s specific case is determined by the court, upon consideration of the recommendation of the principal and division superintendent, to be justified.”
No instruction — truancy — is not an option. In fact, law enforcement officers and attendance officers are charged by the Code of Virginia to pick up any truant child and deliver that child to school.
But state and local responses to COVID made the laws unenforceable.
- Virginia school districts were closed to in-person instruction in the last months of school year 2019-2020. Truancy laws were not enforced effectively for remote learners who could beat the system by turning off video of their participation;
- Schools districts in 2020-2021 let parents (and teachers) choose between in-person or remote attendance. Many stayed closed for most of that school year. Those that have re-opened to in-person instruction seem mostly to have left parental and teacher choice in place. Truancy laws continued to be unenforced; and
- There is talk of leaving that choice in place for the 2021-2022 school year.
Matt Jones of the Daily Press wrote an excellent investigative story about widespread truancy from Newport News public schools since their reopening for in-person instruction.
He wrote of Calvin Griffiths, an 11th grader at Warwick High. He returned excited to get back and to see his friends.
“But most classrooms were nearly empty — his biggest class had just three students. One was just him and the teacher.”
“On the first day of hybrid learning at Warwick, only 189 students came to in-person classes, according to data from the school district. The enrollment was 1,591 as of Sept. 31, according to state numbers.”
Later in that story:
… “But in many districts, particularly urban ones, many students have opted out of in-person learning. An even smaller percentage is coming to in-person class.”
So, even kids whose parents opted for in-person learning are not showing up.
It is time to restore compliance with Virginia law to give children a chance to succeed in life.
Governor, I know they don’t vote, but is next school year going to be an “emergency” situation requiring continued suspension of children’s right to an education?
Virginia also needs to hear from its Attorney General on what the law requires. Based on his past performance and reliance on the left for campaign funding, that is highly unlikely, but would be welcome.
The fecklessness of politicians who chose the preferences of some teachers and some parents over the education needs of Virginia’s children will prove the longest term and most destructive result of COVID.
It needs to stop. Now.
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