Tardies on parents' permanent record

Amy and Mark Denicore are headed to a full-blown trial to defend themselves against charges that they violated Virginia law by making their kids late to elementary school too often.

The Loudoun County, Va., couple was arraigned yesterday morning in juvenile and domestic relations court. Judge Pamela Brooks set a trial date of March 14.

The Denicores are each charged with three Class 3 misdemeanors, each of which carries a maximum fine of $500. Their three children, ages 6, 7 and 9, have been late to school almost 30 times since September. Most of their tardies were three minutes or less.

Their case has sparked debate about whether the school system is overreacting to a minor offense or rightly clamping down on a habit that's disruptive to teachers and other students.

Across the country, some states and local jurisdictions have begun to move away from a punitive approach to enforcing attendance rules. The police in Los Angeles had been issuing $250 truancy tickets to tardy students until recent months, when the policy was scaled back in response to an uprising by parents and activists.

"Punitive discipline leads to a higher dropout rate, more hostility in schools, it leads to kids disengaging from learning and it alienates parents," said Judith Browne Dianis, co-director of Advancement Project, a civil rights organization that has advocated against harsh school discipline. "It is counter to everything that we know should be done."

Other states have doubled down. An unusually strong Nebraska law passed in 2010 requires schools to refer students to the county attorney general after 20 absences, whether they're excused or unexcused. The state commissioner of education, Roger Breed, has hailed the measure for shrinking the number of children who are chronically absent.

The Denicores - both of whom are trained as lawyers - argue that whatever one's opinion of their parenting, Loudoun County has no legal authority to convict them of a crime.

They are charged under the state's compulsory education law, which says parents have to send their kids to school "for the same number of days and hours per day" as school is in session.

Another statute clearly spells out how school systems must proceed in the case of chronic absences when there is "no indication that the pupil's parent is aware of and supports the pupil's absence." Neither statute specifically addresses tardiness.

The Denicores said they will move on March 14 to have their case dismissed. If it proceeds, they plan to subpoena a handful of witnesses to testify, including their kids' teachers and principal.

In court yesterday, Brooks told the couple that similar trials are generally scheduled for 12-15 minutes, but there is no time limit for arguments.

Mark Denicore's take on tall this: "This is the nanny state gone wild."

Loudoun officials, meanwhile, say they're simply doing what's necessary to protect kids.

"It's not just trying to meddle in someone's affairs or dictate how someone raises their child," said Wayde Byard, spokesman for Loudoun County Public Schools.