RANTOUL - Rantoul Village Board members are divided over a proposed ordinance that could subject kids who skip school to municipal fines.

Trustees last week briefly discussed the ordinance before deferring it until February or March.

Meanwhile, village attorney Ken Beth said there are constitutional problems with portions of the proposed ordinance, especially provisions denying suspended students the right to assemble and holding parents responsible for the actions of their children.

The proposed ordinance prohibits any person under age 18 who is enrolled in a public, private or parochial school from loitering on public streets, parks, playgrounds or other public grounds in Rantoul between 8 a.m. and 3 p.m. on days when the student's school is in session.

There is already a state law against truancy.

The proposed village ordinance makes it unlawful for students to be absent from school without a valid excuse, which is defined as an illness, death in the family, a family emergency or other causes beyond the control of the student.

"This ordinance is a way to say to parents it is illegal for their children to be missing from school," said Rantoul Township High School Superintendent Jerry Zachary, who helped draft the proposal.

Fines for violating the ordinance would range between $50 and $500 for , plus court costs, as well as performing community service.

The proposed ordinance would make parents responsible for the truancy of their children by subjecting them to fines as well.

"I think we need the truancy ordinance," said village board member Herman Fogal. "I think that don't have guts enough to stand up to their kids. This would be of saying that if you don't go to school you'll be subject to a fine."

Village board member Jeremy Reale said he opposes the proposal.

"Since this problem is more pressing to the schools, I would rather see the schools take steps to deal with this problem before they come to us," said Reale.

Zachary said the high school already takes steps against truancy, including calling home to tell parents their children are missing, sending letters to parents of truants, assigning detention or counseling for truants, and giving awards to students with perfect attendance.

Reale, whose mother, Marilyn Reale, is on the Rantoul Township High School board, accused the high school of lowering its standards for unexcused absences from school.

"If you play hooky from school, you are now allowed to make up , tests, or quizzes that you missed as a result of that absence," said Jeremy Reale. "While that doesn't actively encourage truants, it sure as hell doesn't discourage them. I would rather see the high school take steps against truancy on their own turf before placing the burden on us."

Zachary said the high school has had that policy in place for and that the school district's attorney, Jeff Taylor, advised the school board that truants are legally entitled to make up work missed.

"The truth is that ever take advantage of the opportunity to make up their work," Zachary said.

Zachary said the ordinance was proposed is that a school's attendance is tied into the state aid formula.

Anything that increases attendance would, in turn, increase the amount of money the school receives.

According to Zachary, an average of of about 800 is absent from school .

For in absences, the high school receives another $37,000 in state aid. This year the school received $1.8 million overall in state aid.

"We figured that we get $25 in state aid a day for who shows up for school," Zachary said.

The proposed ordinance also prohibits suspended or expelled students from being at within of any school during school hours.

But Beth said that provision may violate the First Amendment's right to assemble.

The proposed ordinance also holds parents and legal guardians responsible for children under their custody. It makes it unlawful for parents or guardians to knowingly permit their children to violate the ordinance.

Beth said there are constitutional problems with that provision as well.

"I don't think constitutionally you can extend liability from a child to a parent, and there is to enforce it," said Beth.

Beth said he is working on a revised version of the ordinance that would remove .

"If anything comes out of my office it will look very different from the draft that was given to the village board," said Beth. "It will address truancy only."

Ann Salzmann
Intensive English Institute
University of Illinois