167.061. Penalty for violating compulsory attendance law. — Any parent, guardian or other person having charge, control or custody of a child, who violates the provisions of section 167.031 is guilty of a class C misdemeanor. Upon conviction and pending any judicial appeal, the defendant shall be required to enroll the child in a public, private, parochial, parish, home school, or FPE school within three public school days, after which each successive school day shall constitute a separate violation of section 167.031. The fine or imprisonment, or both, may be suspended and finally remitted by the court, with or without the payment of costs, at the discretion of the court, if the child is immediately placed and kept in regular attendance at a public, private, parochial, parish, home school, or FPE school and if the fact of regular attendance is proved subsequently to the satisfaction of the court. A certificate stating that the child is regularly attending a public, private, parochial or parish school and properly attested by the superintendent, principal or person in charge of the school is prima facie evidence of regular attendance by the child.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1966–2023 · leading case:
State v. Self, 155 S.W.3d 756 (Mo. 2005).
State v. Self, 155 S.W.3d 756 (Mo. 2005).
· cites it 12× “031, and punishable under section 167.061. Ms. Self entered a plea of not guilty.”
State v. Fanning, 557 S.W.3d 449 (Mo. Ct. App. 2018).
· cites it 39× “" § 167.061, RSMo 1986. Thus, prior to 1990, the legislature clearly intended that Section 167.”
In re Monnig, 638 S.W.2d 782 (Mo. Ct. App. 1982).
· cites it 4× “The parent [among the others in charge of the child] is liable under § 167.061 for criminal penalty for violation of the compulsory attendance law.”
State v. Greenhaw, 553 S.W.2d 318 (Mo. Ct. App. 1977).
· cites it 2× “In certain school districts city or county police are by statute deemed to be ex officio school attendance officers.”
State v. Davis, 598 S.W.2d 189 (Mo. Ct. App. 1980).
· cites it 2× “031, [1] and were each sentenced by the trial judge to serve ten days in the county jail and pay a fine of $25, pursuant to the penalty provisions of § 167.061. This appeal followed. The amended information pro se reads as follows: "David A.”
Audrey Baker v. Crossroads Academy-Cent. Street, 648 S.W.3d 790 (Mo. Ct. App. 2022).
· cites it 2× “031), the class C misdemeanor penalty for violation of it (section 167.061), and the school children immunization requirement of section 167.”
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