August 2007

When back-to-school time arrives, thoughts turn to stylish backpacks full of
pencils and paper, new shoes and the upcoming football season.
Fines, jail time and court appearances are rarely associated with school, but
without proper caution and preparation, Kenton Countians could find those all-toointimidating
flashing blue lights in their rearview mirrors this school year.

“When school is in session, it affects all of us—whether we have children in
school or not,” said Kenton County Attorney Garry Edmondson. “There are safety
considerations and even laws to consider during the school year.”
Edmondson said safety considerations are paramount—especially at the beginning
of the school year.

School zones
“During the summer months, we may find ourselves driving a little faster through
school zones. We also forget about school buses and the need to stop for them,”
Edmondson said. “Now is the time to start thinking about those laws again.”
Edmondson said motorists need to pay attention to school zone speed limits. A
law that took effect in 2004 doubled the fines for motorists caught speeding in school
zones.

“The actual cost of the ticket will be determined by how fast the motorist is
driving in the school zone,” Edmondson said. “But the reality is that the ticket will cost
twice as much as an ordinary speeding ticket.”

School bus zones
Most accidents involving buses occur while children are either getting on or
getting off of the bus. Under Kentucky law, motorists traveling in any direction must stop
while the school bus is loading or unloading passengers with its red flashing lights and
stop sign arm extended. (This does not apply to approaching cars on the opposite side of
a four-lane or larger highway.)

“Even with this law, children can still be harmed accidentally,” Edmondson said.
“Motorists should use extreme caution when approaching a school bus.
Edmondson offered these suggestions:

• Remain alert. Children may dart suddenly in front of cars without notice.
• Minimize distractions. Do not accept or make telephone calls; do not apply
makeup; do not search for lost items or attempt to deal with children in the back
seat while driving.
• Be prepared for stopped or slowed traffic. Motorists may experience delays or
even sudden stops in school zones.
• Follow all posted signs and traffic lights.
• Always stop for a school bus that has stopped to load or unload passengers.
“When people are in a hurry, waiting on a school bus seems like a big deal,”
Edmondson said. “But when comes to the safety of our children, I believe we all
agree that our children are worth the wait.”

Truancy
In the last two years, Kentucky’s truancy laws have been beefed up in an effort to
not only get kids in school, but also to get them there on time, according to Edmondson.
Truancy is defined as an unexcused absence from school. Under Kentucky law, a
child who misses three or more days or is tardy without a valid excuse on three or more
occasions is truant. Students who miss school or are tardy for six unexcused days are
considered habitually truant.

“Once a child is labeled a habitual truant, the school could turn the complaint over
to Kenton County Family Court,” Edmondson said. “The parents could face fines and
even jail time if the child continues to be truant.”

Parents who intentionally fail to comply with attendance laws by allowing their
children to become habitual truants can be fined $100 for first offenses and $250 for
second offenses. Each subsequent offense is classified as a Class B Misdemeanor, which
adds a possible jail sentence of up to 90 days to the fine. If the habitual truant is aged 18-
21 years old, he or she can be fined $100-$250 in lieu of their parents being fined.

Those who knowingly assist or cause a minor to become a habitual truant can be
charged with unlawful transaction with a minor in the third degree, which is a Class A
Misdemeanor. Class A Misdemeanors carries a 90-day to 12-month jail sentence and/or
up to a $500 fine.

“The charge of unlawful transaction with a minor often confuses people because
they assume the unlawful transaction is dealing with drugs, alcohol or sex,” Edmondson
said. “When dealing with the first and second degrees of an unlawful transaction with a
minor charge, that is correct. But the third degree charge stipulates habitual truancy, as
well as other offenses regarding minors.”

Charging those who contribute to habitual truancy so severely is warranted,
according to Edmondson, because studies have shown that truancy can lead to other
problems, such as delinquent behavior, substance abuse, gang activity and criminal
activity.

“If we can keep kids in school, they can avoid a host of criminal problems later in
life. Laws pertaining to our schools are fairly straightforward,” Edmondson said.
“Whether its safety concerns or truancy issues, most everyone would agree that our laws
are intended to promote the immediate safety and long-term welfare of Kentucky
children.”