HS Lifter* said:
Keep the responces coming.
Just so you guys know, Im in Mock Trial at school and I will have to address this question on Tuesday at the local courthouse in front of my advisors, and 2 attorneys.
So I am open minded.
Interesting question, HS Lifter, I'm in my final year of law school, so I can relate to your excitement about your upcoming mock trial.
Now, your question: Under the Constitution, the U.S. Supreme Court has recognized the right to control the upbringing of your children as a constitutional right. Of course, there are exceptions when a parent will lose his or her unqualified right to lose the upbringing of their children, such as in the case of abuse or neglect.
Thus, from a fairness standpoint, if a parent has an unqualified, absolute right to direct the upbringing of his or her child, isn't it only logical that the parent should be held somewhat responsible for a "botched" job in bring up his or her children?
Let's discuss the policy implications of holding parents accountable, for the sake of argument. First, if parents are held accountable, will the state's goal of reducing truancy be advanced? I would guess, although, I haven't seen any statistical information on this question, that if a parent is held legally liable for the truancy of her child-----that parent will make sure that kid gets to school, one way or another. Thus, the state's goal of reducing truancy would likely be advanced.
But, another question that must naturally follow, is whether the workplace would accomodate parents with this new legal obligation. Currently, there is the Family Leave Act, signed into law by President Clinton, that allows parents to leave work in some instances if family matters are involved. Unfortunately, the time a parent can take off from work, is limited. Thus, it might be an unfair demand upon say single mothers to require that she ensure every single day that her child make it to school, considering she doesn't have a partner in helping her fulfill her obligation, nor does she have the law in helping her to fulfill her obligation, all year long.
Therefore, while I do believe that holding parents legally liable for their children's truancy might be effective; I also believe that it could create economic/job related hardships on some parents, such as single parents. Hence, until there are more laws that assist parents in giving them time off from work to see that their children make it to school, I would not endorse such a law.
But, please note, that I do strongly feel that since a parent has a constitutional right to the upbringing of his or her child, she should bare some of the responsibility for doing a less than quality job. You can't have it both ways-----if you want the state to stay out of your business in raising a child, then you should do a helluva job. If you don't, then the state should have every right to step into the parent/child relationship, and use its wisdom to show you how to raise a child properly.
Interesting issue, nevertheless......
Ryan.