Virginia Custody: Tardies . . . A Crime No Longer

There is a new answer to a question I posed almost a year ago: Is it a crime in Virginia for you to allow your children to show up late to school too often?

In Blake v. Virginia, Record No. 14-0081 (Va. Supreme Ct. 2014), the defendant was convicted of three counts of failing to send her three children to school in violation of Virginia Code §§ 22.1-254 and 22.1-263.  In particular, the defendant was convicted of failing to send her three children to school on time in violation of Virginia Code §§ 22.1-254 and 22.1-263.  Her three children were late 10 of 16 days over a fourth month period.  Was it illegal for the mother of the children to let this happen in Virginia under those code sections?

The Loudoun County Juvenile and Domestic Relations District Court said yes.  The Loudoun County Circuit Court said yes.  The Virginia Court of Appeals said yes.  The Virginia Court of Appeals said yes.  But the Virginia Supreme Court finally said no.  “Send” in those code sections means “to enroll,” not “ensure that the child spends every single second in school.”