The dictionary defines
unintended consequences as “a set of results that was not intended as an
outcome.”
As many families have spoken
out about the damage done to their children by Nebraska’s “excessive
absenteeism” law over the past four years, we have heard the term “unintended
consequences” many times from state senators, county attorneys, school
administrators, social workers, and other members of the attendance enforcement
industry.
Here are a few examples of
what our public officials cavalierly call “unintended consequences”:
Fact: A little boy in Sidney with a doctor’s note
for every absence, served with a summons by the sheriff, ordered to appear in
court, separated from his parents, told he was in danger of being removed from
his home for absences due to illness, convicted of truancy, and placed on
diversion.
Fact: A teenage girl in Omaha, terrified of missing
school and being removed from her home, walks seven miles to school on the
interstate, alone, when her mother’s car breaks down.
Fact: A kindergartner in Seward not even legally
required to be in school yet, forced to go to court with his parents to face
truancy charges after a series of normal childhood illnesses during his first
year of school.
Fact: Numerous autistic children with I.E.P.’s
thrown into the juvenile justice system for absences and tardies directly
related to their autism. In Lincoln, CPS
is called and demands a private interview with a 10-year-old autistic child whose
absences are all excused. Two families
(one in Omaha, one in Seward) told by school officials, “We’re turning your (autistic)
son in to the county attorney. It will
be good for him.”
Fact: Sick children forced into Hastings’ diversion
program under threat of prosecution, including chronically ill and handicapped
children. Students who manage to not be
sick for a whole month are given a toy as a reward. Students who are not able to stay well during
the month are not given a toy.
Fact: A Lincoln mother misses her own mother’s funeral
after being falsely prosecuted for truancy three years in a row. Although charges are dismissed all three
years, she lives in fear of losing her son as Lincoln Public Schools repeatedly
makes errors in her child’s attendance records.
Fact: A Seward mother cancels necessary orthodontic
treatment for her son because he has been sent to the county attorney due to his
chronic illness.
There are many more stories
throughout our state of sick and otherwise legitimately absent children being
unjustly attacked under the law. Each of
these cases is public knowledge, and most of them have been reported to the
state senator who represents the family.
The author of the “excessive absenteeism” law and other proponents claim
that none of these situations ever should have happened. This was not the purpose of the law, they
say. School districts, county attorneys,
CPS, etc., aren’t doing what they’re supposed to do, they say. The schools and county attorneys just need
more time to figure this out, they say. These
are UNINTENDED CONSEQUENCES.
After almost four years gone by, millions of dollars
spent, thousands of children harmed, great public uproar by parents, heartbreaking
family stories falling on deaf ears, it appears the consequences are no
longer unintended.
When public officials have
been told for four years that physically and mentally ill children are being
thrown into the juvenile justice system, yet the law is not changed, the
consequences aren't unintended.
When public officials have
been told that a large majority of the families being targeted are living in
poverty, yet the law is not changed, the consequences aren't unintended.
When public officials know
that families are already struggling with a child’s disability and being sent
to law enforcement is the last thing that child needs, yet the law is not
changed, the consequences aren't unintended.
I refuse to ever again refer to
these families’ stories as “unintended consequences.” If the consequences were truly unintended,
the law would have been changed long ago.
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