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    Waterford tardiness case dismissed

    Mark and Amy Denicore arrived promptly at the Loudoun County Courty House for their 2 p.m. court hearing June 7. Senior Assistant Commonwealth Attorney Alejandra “Alex” Amato, prosecuting the case, was no where to be found.

    Arriving at 2:10 p.m., Amato, who was stuck in another court case, delivered the dismissal of all charges to the Denicores in regards to their childrens’ tardiness to school.

    The couple from Waterford were served a summons on Jan. 31 for a Class 3 misdemeanor for their daughter Sophie’s excessive tardiness to school. The Denicores were also cited for the tardies of their two other children, Tucker and Daisy.

    Their three children have been late to school more than 85 times since September, but the majority of the time they missed the opening bell by only a few minutes.

    The Denicores appeared in court March 14 against the Commonwealth of Virginia only to spend more than two hours in their hearing to have their court date pushed until May.

    The Denicores had their six charges dismissed, including the Class 3 misdemeanor for their daughter’s tardies. Other charges stem from their two other childrens’ excessive tardiness to school, Waterford Elementary.
    “We’re very pleased that both parties have motioned to dismiss these counts,” Mark Denicore said in court June 7. “We have no issues with her motion to dismiss.”

    However, Mark Denicore did ask to speak to Judge James Robeson to ask for clarity on the statute of the law he and his wife were charged under.

    “This has brought on a lot of unintended consequences,” Mark Denicore said. “Not only for my family, but the community.”

    Under the Students Rights and Responsibilities Act, after 15 or more consecutive absences or excessive tardies the Virginia Administrative Code requires the student be dropped from the attendance rolls. It’s then up to the principal to discipline the child.

    He mentioned that many parents and community members are concerned with the law and fearful of getting prosecuted.

    “It’s a real issue,” Mark Denicore said. “The most dangerous place in Loudoun County is the Waterford Elementary School parking lot because people are racing in and out to get their kids to school.”

    If a student gets a minimum of five unexcused absences, a parent or guardian is required to provide the school with documentation from a licensed physician in regard to their absence.

    According to the Student Rights and Responsibilities “a student is truant any time he or she willfully absents himself or herself from school or from any assigned class or activity. Excessive unexcused tardies may result in a truancy referral. Truancy is a serious offense that requires a stern correction action on the part of the school and the parents.”

    Mark Denicore asked Judge Robeson if the law was valid.

    “The statute is valid in using for absences and tardies,” Amato stated.

    “And that’s the problem,” Mark Denicore responded.

    Comments

    “This has brought on a lot of unintended consequences,” Mark Denicore said. “Not only for my family, but the community.”

    Hearsay.


    so whatrs next for the Denicores ? its okay to be late for an appointment , whether doctors , dentist etc. most will charge you for NOT showin up and will dismiss your appointment when you are TOO late - this all comes down to priorities and general personnal responsibilities - I can understand a couple of times as busy as we are these days along with our hechtic lifestyles , many other people seem to get their kids to school on time - i’m not sure what Mr Denicore does for a living , but I’m sure if he was late more than once for a very important clients appointment , he probably wouldn’t have a client very long after - or maybe some people are so well off they don’t have to worry about appointments , they set em and thats the way it is and yet they still be late for them as well , so lets teach the kids that its okay to procrastinate and be late for everything - at some point the kids might start to become a lil embarrassed when they are the ones walkin into class and everyone else is sittin at their desk and the teacher is beginning her daily lesson , i9 was late a couple of times myself , all the way thru school and would cower when walkin into class late - for one , i’m very shy and didn’t care to recieve all the looks from my classmates and that pretty much put me on stage , - responsible parents , these people will never be accused of - must be one of those - laws or rules don’t apply to me scenarios


    However, Mark Denicore did ask to speak to Judge James Robeson to ask for clarity on the statute of the law he and his wife were charged under.

    “This has brought on a lot of unintended consequences,” Mark Denicore said. “Not only for my family, but the community.”

    Cry me a river.  The only consequence that matters is that your children are in their classrooms when the bell rings.  It would appear that the vast majority of parents didn’t need the possibility of a trial and a fine to know that if their child attends a school, then their child is to be there before the tardy bell rings.

    Did you *really* have to have it spelled out to yourself and your wife?  Goodness!


    What would have been more interesting would have been a follow-up on how often the kids have been tardy since the first hearing….I’m guessing zero.
    —————————————-
    Given the testimony in March, I bet you are correct.

    “At the judge’s request, Melcher confirmed that the three Denicore children have not been late since Jan. 27, a few days before their parents were summoned to court.

    “They’ve been doing extremely well,” she said.”


    What would have been more interesting would have been a follow-up on how often the kids have been tardy since the first hearing….I’m guessing zero.  Now that it’s been dropped they’ll fall back into their old pattern and reinforce their philosophy that timeliness means nothing.  I would also like to know what the Judge’s answer was to the father’s question about the validity of the statute.  Bottom line the parents need to grow up and parent and that means teaching kids that other people’s time is as valuable as your own and you need to respect that.  Now that it’s summer the family can study and memorize the information from the parent and student handbook and be fully prepared to arrive at school in plenty of time to in their classrooms on time.


    ConcernedParent—It’s not the amount of time, it’s the principle.  So it would ok with you for me to get paid for an eight hour day and still come in 5 minutes late and then leave 5 minutes early each day.  That’s not a lot of time for a single day.  Do the math for a year.  Would you put up with it?


    The Denicore children missed what amounted to less than 2 FULL DAYS of school each!!!  Based on the logic in the LCPS admin building, any parent whose child misses more than 2 days of school should be prosecuted. This was the most stupid criminal case I’ve ever seen.


    Terrible parents! The lesson they are teaching is that if you don’t want to follow the rules you don’t have to so long as you can argue the rule into not being fair or too ambiguous. Break a rule take a punishment. Rules have consequences. I’ve been following this and these parents are just aweful. They live 2 minutes drive from school and the mother is a stay at home mom. They said in a previous interview that they believe teaching there children important lesson’s like eat a healthy breakfast and learning to tie there own shoes will now be hampered by having to get out the door on time. What about the rest of the world where parents teach there kids to eat right, tie there shoes, both parents work and they do it all ON TIME!? I’m disgusted by this family.


    Hauling them to court worked - they changed their behaviour and ensured that the kids were in their classrooms before the tardy bell rang.


    I’m not surprised that the case was dismissed: the children have been in their classes before the bell since the Denicores chose to bring it to the attention of the press. 

    I fail to understand why the parking lot is crowded with cars - Loudoun County provides school buses.  If the kids are on the buses and the bus is tardy, the kids are not penalized (it’s an excused tardy).  It’s the bus driver who is risking a job loss. 

    It’s extra funny because the school bus for the Denicore’s trio stops at the foot of their driveway.  Hopefully the kids have been enjoying sitting with their friends on the bus, or the walk to school.

    Private schools are even more prickly about tardiness than the county or state.  Thanks for the donation, but you’re not meeting our standards.  Non-refundable tuition is the norm. 

    I thought the attendance policy on the home page of Waterford Elementary School was very clear, personally. 

    In addition, I want to point out that Mr. Denicore was lying when he stated he could be disbarred if convicted for this misdemeanor.  Here are some reasons for facing disbarment: failed to provide competent representation, failed to serve the client with skill and care, failed to represent the client zealously, failed to act with reasonable promptness, and failed to communicate with and explain matters to the client, moral turpitude or unethical behaviour.


    These people are teaching their children a terrible lesson about personal responsibility.  Getting to school “a few minutes after the bell” on an excessive amount of days is due to plain laziness.  There needs to be no clarification of the law.  It is our duty as parents to get our children to school on time.  Otherwise, it is a disruption to their lives and to the routines of teachers and other students who arrive when they are supposed to do so.


    What a big waste of tax payers monies!  A better solution would be to require community service for both the parent and student.


    What a shame that they got off scott free when they were bigger abusers of the system then the single mother from Purcellville who was jailed and fined.  She actually had a better excuse.

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