There are many boys and girls who should be in Marion County schools, but whose names constantly appear on the absence rolls. Why? Their parents don't make sure they go to school.
Prosecutor Brizzi is making a concerted effort to find habitually truant elementary school students, and, if necessary, file criminal charges against their parents or guardians. Failure to ensure an education is a B misdemeanor that carries a potential penalty of up to six months in jail and a $1,000 fine.
"Our aim is not to put anyone in jail," said Brizzi. "What we want to do is issue a wake-up call to parents telling them that they need to change their behavior. Truant children are much more likely to be caught up in the juvenile justice system. We want to make sure we do everything possible to prevent that from happening." Brizzi has designated Deputy Prosecutor Ilene Smith to handle all truancy and failure to ensure cases.
Brizzi filed 50 cases of failure to ensure in Marion County Juvenile Court at the end of the 2003-2004 school year. 43 of those cases involved parents or guardians of Indianapolis Public Schools students. 42 of the cases are pending. Six parents entered guilty please September 3 and four of them will be sentenced in October. The other two parents who pled guilty received 180-day suspended sentences and were placed on probation for six months.
On August 13, representatives of the Prosecutor's Office met with representatives of the Indianapolis Police Department, Marion County Sheriff, Beech Grove Police Department, Lawrence Police Department, Speedway Police Department, Indianapolis Public Schools Police and Pike Township Schools Police to discuss strategy for enforcing truancy laws this school year. The group will meet again November 19.
Once a school system determines that a child is truant, they notify the Prosecutor's Office. Brizzi said, "We send out a letter to the parents or guardians warning them that unless the situation changes, they are subject to criminal penalties." Should the student continue to be absent, the school system serves legal notice on the parent or guardian, which is required by Indiana law, as a further warning. If nothing is done, then the case is referred to the Prosecutor's Office for the filing of criminal charges.
Only parents of elementary school students are cited. Truant middle school and high school students are subject to be charged themselves in Juvenile Court. Brizzi explained, "The older students often have behavioral issues that are mote than their parents can handle. By charging the students, we can take advantage of resources available through the court system to help them."