Jackson Free Press

Jackson Councilman Tony Yarber, Ward 6, doesn't split hairs on state truancy laws at Jackson Public Schools: He doesn't believe they are being enforced.

That's why he put forth a new ordinance late last month that would apply fines and penalties for parents of students who were regularly caught playing hooky.

"When you look at a graduation rate that isn't even 70 percent, and you look at the fact that many of the people we are talking about, truancy has to be factored in," Yarber said. "When 30 percent of your students aren't graduating, that leads to crime. In south Jackson, we have a property-crime problem, and the crimes are taking place during the daytime."

Section 37-13-91 of the Mississippi Code outlines truancy laws, and allows for 12 unexcused absences per student during the course of a 180-day school year. An unexcused absence for any student 17 and younger is defined as missing part of or an entire school day while not in the company of his or her legal guardian or attending an associational meeting, such as a religious or school meeting, theater or athletic event.

Under the state statute, a parent or guardian who has been notified of their child's excessive absences "shall be guilty of contributing to the neglect of a child." Section 97-5-39 lays out the penalty for that crime: A fine not to exceed $1,000 or up to a year of imprisonment.

"We have a state law that mandates compulsory school attendance," Yarber said. "But what we don't have is a mechanism to enforce that. It isn't (happening) anywhere."

JPS Superintendent Cedrick Gray backed up Yarber's comments, saying truancy is a big issue in Jackson's schools.

"It's impossible for students to achieve if they are not in the classroom," Gray said. "And the (current) laws have little value if they are not enforced. That's where (Yarber) has his motivation. It's going to take a collaborative effort between students, the parents, the district, the principals and faith-based institutions to stress the importance of going to school. If we are going to build stronger schools together, everyone has to have their hands in it."

Under the proposed ordinance, JPS officials would designate a site to transport any minor truancy offenders. At that site, JPS staffers would determine the proper school and placement of the student, and notify the parents.

For a first offense, the parents of the minor will receive a warning. A second offense merits a fine of up to $150 and attendance at responsible parenting classes if the municipal court deems it appropriate. For a third or subsequent offense, a parent would face a fine not to exceed $250 and additional parenting classes.

Yarber, who holds an elementary education degree from the University of Southern Mississippi and a master's degree in education administration and supervision from Jackson State University, served as principal at Marshall Elementary in south Jackson before he ran for city council in 2009. He is quick to rattle off JPS' 2011 graduation rate of 61.8 percent and its dropout rate of 22.8 percent.

JPS' numbers show the average daily attendance rate for last year was 93.4 percent.

Yarber is not suggesting we start enforcing state law; he wants the new ordinance to be the standard for Jackson.

"(It's not being enforced) in Jackson (and) not in any other school district I've worked in," Yarber said of the state's truancy law.

"For anyone to (put up the) facade that it is being enforced or working is negligent, and it's taking advantage of misinformation and making ignorance bliss."

The difference in his ordinance and the state law, he says, is the ease with which authorities can enforce it and because it brings JPS to the table. Under current law, the police would have to drag a delinquent child through the legal process instead of simply taking them to a JPS-chosen location that Yarber's ordinance would establish.

"Also, I think this starts a conversation about the problems we're having in communities." Yarber said. "It's already done more than I thought it would, and it's not even law. It's started conversation and dialogue about how we help the school system."

The ordinance would become law 30 days after a majority of the city council votes to approve it.