Protect Our Youth & Stop Unconstitutional Truancy Courts

Truancy Courts Violate the Law, Threaten Parents and Children

Last fall, a 14-year-old student receiving special educational services at the local High School took the courageous step of integrating into mainstream classes. The student struggled with the assigned work, and his mother, spent countless hours in meetings with school officials working to revise the student's education plan to provide him with the support and services he needed.

According to the latest findings of the National American Civil Liberties Union in Washington DC, it is a fact that all across America there are hundreds of thousands of unconstitutional and extremely troubling practices taking place in our country's truancy courts.

Ostensibly created to support struggling students and help them stay in school, the truancy courts have instead been used to punish students who may have difficulty paying attention in class or doing their schoolwork because of special educational needs, are unable to attend school because of medical or emotional difficulties, or who have family caretaking obligations that cause them to arrive at school late.

Also troubling is the fact that the truancy courts operate under a shroud of secrecy. Truancy court hearings are conducted without any stenographic or audio recording of the proceedings, and frequently there are no formal written court orders or directives, creating the untenable situation of a parent or child's word against that of a judge. The files of the students who appear in truancy court are kept under lock and key, inaccessible even to attorneys retained to represent these youths.

This petition seeks to have it become mandatory to provide YOUTH and FAMILIES the right to appointed counsel and proper court recording.

Look at the disturbing and horrendous facts that are taking place every day in our justice system.

*Youth involved in truancy court are generally ill equipped to understand the nature of the proceedings and the charges against them. A child’s interest in receiving an appropriate education, including special education, or in being protected from discrimination at school, coupled with a child’s inability to present complex legal or factual matters to the court, may
mean that a fair result cannot be reached without appointment of counsel.
*Under federal due process, the right to counsel generally attaches only where physical liberty is at stake. In truancy cases, where youth are called on to represent themselves against the power of the state, and in some cases against their parents as well, there are factors that must require a different result. The U.S.
Supreme Court has acknowledged that whenever a person is required to resolve questions of right and obligation in a court of law – as are youth in truancy court – the court must ensure the person’s right to due process in those proceedings.

An increase to the problem arises when school districts who initiate truancy filings are not following proper policies and procedures and are employing Attendance Officers who are not abiding by the law.
In this petition we are seeking an Order to Disqualify School Representatives for Unauthorized Practice of Law.

Here are some examples of why this petition is crucial in protecting our youth and their families who are often times, wrongfully subjected to truancy filings by their school districts.
* The school representative filed an insufficient petition without regard to its pre-filing obligations and refuses to dismiss, stay or amend the petition;
*The school representative’s failure to comply with notice requirements resulted in an improper default order or issuance of a bench warrant;
*The school representative pursues contempt sanctions in spite of evidence that violations of your client’s rights under state or federal laws, such as the right to special education, bilingual education, or protection from anti-discrimination, are causing your client’s absences; or
*Other complicated legal or factual issues arise.

This petition is designed to get the attention and action by National Leaders and the President to resolve this ongoing problem.