Criminalizing Absenteeism: A Failure of Policy and Principle

The Reality of Chronic Absenteeism

Chronic absenteeism in American schools has reached crisis levels, with nearly one in four students nationwide missing significant portions of their education. This isn’t merely a statistical concern—it represents a profound failure of our educational system to engage and support vulnerable learners. The reasons behind these absences are complex and multifaceted, ranging from health struggles and economic hardship to bullying and weak school connections. Yet, rather than addressing these root causes, many policymakers have chosen the path of least resistance: criminalization.

Governor Gavin Newsom of California and a Utah-based think tank analyst, despite their political differences, have found common ground in opposing this punitive approach. Newsom recently signed legislation ending California’s policy of punishing parents with fines or jail time for their children’s chronic truancy, recognizing the devastating consequences of such measures. This bipartisan agreement highlights that the issue transcends partisan politics and touches upon fundamental questions of justice, liberty, and the role of government.

The Flawed Logic of Punitive Measures

Punitive truancy laws, championed by figures across the political spectrum—from Kentucky Republican Timmy Truett to former California Attorney General Kamala Harris—share a fatal flaw: they ignore why students are absent in the first place. These laws transform frustration with a complex social problem into a blunt legal instrument, targeting families already struggling with overwhelming challenges. In Kentucky, a 2024 law requiring court referrals for truant students led to a surge in homeschooling as families sought to avoid legal consequences. In California, Harris’s policy of arresting and charging parents produced equally troubling outcomes, including the arrest of a mother whose daughter missed school due to hospitalization for sickle-cell anemia.

These examples are not anomalies; they are symptomatic of a broader tendency to prioritize punishment over prevention. Such policies defy the principles of limited government and individual liberty, substituting state coercion for compassionate, effective solutions. They undermine the trust between families and schools, creating an environment of fear rather than collaboration.

The Human Cost of Ineffective Policies

Beneath the statistics lies an uncomfortable truth: public schools do not work for every student. Some face unsafe or hostile environments, while others encounter ideological conflicts or simply feel lost in an impersonal system. When schools fail to meet the needs of students and families, disengagement is not a choice but a consequence. Criminalizing this disengagement only deepens the divide, penalizing those who are already suffering.

The case of the California mother arrested over her daughter’s medical absences is a stark reminder of the human cost of these policies. It is a betrayal of our nation’s commitment to justice and compassion, reflecting a system that values compliance over well-being. Such actions are antithetical to the ideals of a free society, where government should empower individuals, not punish them for circumstances beyond their control.

A Better Path Forward

There is a better way. Schools must shift from punishment to prevention, embracing strategies that address the underlying causes of absenteeism. States like Iowa and Georgia have made significant strides in this direction, implementing data systems to identify absentee patterns early and forming attendance teams to tackle issues like transportation, bullying, and health concerns. These approaches treat absenteeism as a problem to solve with families, not a crime to prosecute against them.

Early intervention builds trust and addresses practical obstacles, creating a supportive environment where students and families feel valued. Schools that adopt these strategies see real results, demonstrating that compassion and effectiveness are not mutually exclusive. Lawmakers should follow these examples, focusing on safety, school climate, and stronger family relationships rather than resorting to punitive measures.

Upholding Liberty and Dignity in Education

As a firm believer in limited government and individual liberty, I am deeply troubled by policies that criminalize poverty, illness, and disengagement. Education should be a pathway to opportunity, not a source of fear and coercion. The expansion of educational options, including school choice and charter schools, is essential to ensuring that every family can find a learning environment that meets their needs. When families have the freedom to choose, they are more likely to engage actively in their children’s education, reducing absenteeism through empowerment rather than enforcement.

Governor Newsom’s decision to end California’s punitive truancy policy is a step in the right direction, but much more needs to be done. We must challenge the assumption that government coercion is the solution to social problems and instead advocate for policies that respect human dignity and foster genuine community partnerships. Attendance improves when families trust their schools, not when they fear them.

Conclusion: A Call to Action

The fight against chronic absenteeism is not just about improving attendance rates; it is about upholding the principles of freedom, justice, and compassion that define our nation. We must reject punitive approaches that target the most vulnerable and embrace strategies that build trust, address root causes, and expand educational freedom. By doing so, we can create a system where every student has the opportunity to thrive, and every family is treated with the respect and dignity they deserve.

Let us move beyond the failed policies of the past and work together to build an education system that truly serves all Americans.