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Want to drive? Don't miss school!

by JOSH McDONALD
Local Editor | February 20, 2019 12:29 PM

KELLOGG — A recent Facebook post concerning Kellogg High School’s attendance policy has caught the eye of many parents who don’t seem terribly thrilled by what the school had to say.

The subject of attendance has become a touchy one for many reasons as schools depend on student attendance as the main part of their funding formula.

Essentially, the better the attendance, the more funding the school receives.

But there is a legal component to topic as well.

Students, parents, and the schools are liable when students habitually miss school.

According to Idaho Statute 33-207 (attendance at schools): PROCEEDINGS AGAINST PARENTS OR GUARDIANS. (1) Whenever the parents or guardians of any child between the ages of seven (7) years, as qualified in section 33-202, Idaho Code, and sixteen (16) years, have failed, neglected or refused to place the child in school as provided in this chapter or to have the child instructed as defined in section 33-202, Idaho Code, or knowingly have allowed a pupil to become an habitual truant, proceedings shall be brought against such parent or guardian under the provisions of the juvenile corrections act or as otherwise provided in subsection (2) of this section.

(2) Whenever it is determined by the board of trustees of any school district that a child enrolled in public school is an habitual truant, as defined in section 33-206, Idaho Code, an authorized representative of the board shall notify in writing the prosecuting attorney in the county of the child’s residence. Proceedings may be brought directly against any parent or guardian of a public school pupil who is found to have knowingly allowed such pupil to become an habitual truant, and such parent or guardian shall be guilty of a misdemeanor.

(3) Whenever it is determined by the board under provisions providing due process of law for the student and his or her parents that the parents or guardians of any child not enrolled in a public school are failing to meet the requirements of section 33-202, Idaho Code, an authorized representative of the board shall notify in writing the prosecuting attorney in the county of the pupil’s residence and recommend that a petition shall be filed in the magistrates division of the district court of the county of the pupil’s residence, in such form as the court may require under the provisions of section 20-510, Idaho Code.

A school would be in violation themselves if they didn’t report the absences to the authorities, which makes this a slippery slope for all parties involved.

The school’s post (on Feb. 8) explained the above statute in lesser words, but also drove home the fact that besides loss of credit for any class where a student has nine or more unexcused absences, the school may also request that the Idaho Transportation Department suspend the minor’s driving privileges.

(Per Idaho Code 49-303A) - When a student fails to meet the enrollment and attendance policy of KHS and KSD #391, the school administration is required by law to report the student’s non-attendance to the Idaho Transportation Department (ITD), with a request that the student’s driving license be suspended (whether or not the student is licensed.) When the ITD suspends driving privileges, it suspends the driver’s license and/or privilege from applying for a license, instruction permit, or driver-training permit.

And while this law may come as a shock to both parents and students, every student at KHS signed off on this when they sign their student handbook at the beginning of the school year (the above law is printed in the handbook on page 22).

The post was concluded by saying: "It is very important that you communicate with the Kellogg High School office and make sure your attendance notes are turned in upon your return to school. Waivable excuses include: written documentation from a doctor, dentist, psychologist or other medical professionals, documented court appearances, bereavement of immediate family & verifiable family crisis."

The Shoshone News Press attempted to get comment from officials at KHS, but unfortunately as of press time they had not responded.

For more information please contact Kellogg High School at 208-784-1371.