Tuesday, January 22, 2008
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Proposed City of Lincoln Truancy Ordinance Found Agreeable With Some Fine-Tuning

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[January 22, 2008]  The city of Lincoln may soon have its first truancy ordinance on the books if all continues to go well. Nearly all members of the city council were present for the continued discussion of the matter at last Tuesday evening's ordinance committee meeting.

Jean Anderson, superintendent of the Regional Office of Education, and Ron Denlinger, a representative of a group of concerned citizens, were also asked to attend.

According to Denlinger, city ordinance chairman Marty Neitzel offered prior to the meeting that if they and the Regional Office of Education were to come to an agreement on an ordinance to fight truancy, she would be supportive.

The first proposed ordinance that was brought forth in April of last year drew a large crowd that opposed it. When the committee met in November, there was a newly written ordinance.

The ordinance still included a daytime curfew for all children 7-17 years of age, but home-schooled children would be exempt. It notes that there are other state regulations that address home-school attendance and education.

Parents with home-schooled children were concerned for the burden that this would place on any children seen out in public during normal school hours, noting that not all schools have the same days off, some students have modified school hours, and home-schooled children might be out to use community services, such as the library or YMCA.

The purpose of the ordinance is to curb truancy. Everyone agrees to that need. Denlinger said that their group supports the city of Lincoln having an ordinance that would do that.

Anderson emphasized, "A lot of our program is positive. There are many positive interventions." What is needed is a consequence for the out-of-the-ordinary student who is causing problems.

The ordinance needs to be as broad-based as possible, she said. What a city ordinance would do would be to allow participation of law enforcement in some truancy situations.

She gave examples of when it might be useful, such as if there were a student misbehaving or causing a problem in public when they should be in school, or if an agitated student left the school and needed to be brought back in. An officer might be called to assist and a citation might be issued.

To add more bite, the state allows that the local truancy ordinance can impose fines or community service penalties on parents or students.

Ron Denlinger said that their group proposes a minor change/addition to the ordinance brought forth in November. It is important to sort out how a truant would be identified, how enforcement would proceed and who the responsible coordinating agency would be: individual schools, the school district or the Regional Office of Education.

Anderson said that the truancy program that is in place now is handled by her office and not by individual schools or school districts. Her office documents and provides the needed paper trail that is required for the state's attorney and judge if there is judicial intervention. Their office needs to be kept in the loop.

The changes to the proposed ordinance are both are in the area of enforcement. They are in bold below:

(D) Enforcement Procedures. A citation for the violation of this section may be issued by a police officer of the Lincoln Police Department or a truancy caseworker from Logan/Mason/Menard Regional Office of Education No. 38 (addition proposed by the ROE) or a truancy caseworker from the Lincoln Community High School district.

(Proposed by citizens group) Prior to a citation being issued, the police officer or truancy caseworker must confirm with the Regional Office of Education or the administration of the school (in which the student is enrolled) that the student is or has been absent with valid cause.

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Anderson said that on the surface this seems reasonable. She would want to check with her caseworkers first.

In addition, there are many scenarios that she would like an opportunity to think about and see how the recommendation would work in them. This would take a little time to work through and then she would contact the city.

She added that she appreciated the attention that the council has continued to give this. "I assure you, if enacted, I would use this sparingly and appropriately at all times. I would sit down with Chief Erlenbush and hash out the details."

Mayor Beth Davis-Kavelman said that she supports the ordinance and feels it important to have for the good of the citizens. "The city has a liability to it protect its children," she said.

The ordinance has been placed on the agenda for the Tuesday evening meeting. However, no action is expected, as Anderson stated that the Regional Office of Education would need some time to weigh it all out first.

[By JAN YOUNGQUIST]

The citizens group had the following statement after the meeting:

"We were pleased with the opportunity given to us to share our concerns and our ideas for a solution. We want to see this thing move forward. Our suggestion for getting us off dead center and back to the focus of going after truants is to clarify the enforcement procedures. We believe that (as Jean has said) the details of ordinance procedures need to be worked out at some time anyway. Obviously the police or truancy caseworkers need a procedure to determine if a child is or has been truant. We would be most grateful if enough of that could be worked out in advance so that a general statement could be included in the ordinance now
-- one that can reassure us that students will not unnecessarily suffer the loss of civil liberties they now enjoy. Regarding our proposed, one-sentence addition, I was very glad for Jean's comment that: 'On the surface it seems reasonable.' We feel we are very close to a solution that will address everyone's concerns."

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