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Dad arrested for truancy says son has epilepsy

Dad: Officials could have done more before warrant was issued

JACKSONVILLE, Fla. – Forty-four Duval County parents are facing misdemeanor charges because their children missed too many days of school, the State Attorney's Office said.

As of Wednesday, 18 had been arrested and 26 had warrants against them.

They have been charged with contributing to the delinquency of a minor, a first-degree misdemeanor, and failure to comply with compulsory school attendance laws, which is a second-degree misdemeanor.

The State Attorney's Office said arrests are the last resort and officials always try several other options before serving a warrant to a parent. 

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But one of the arrested father's told News4Jax that he feels like more could have been done in his situation, and he had no idea he was going to be arrested.

"I'm a single dad. I take care of my 4-year-old daughter and my 8-year-old son -- both of which are epileptic," said Justin Frier Sr. (pictured).

Frier said his children's medical challenges, having no transportation, and living out of a hotel have played the biggest part in his 8-year-old son missing days of school.

"All the days pretty much that he has missed school are because of epilepsy," Frier said. "Whether it's because he's had a fever, he's had a history of febrile seizures. Whether it's doctor's appointments or anything like that, that's mainly why he's missed school."

Frier said he's not sure how many days his son has missed, but it's enough for Frier and 43 other parents to now be facing misdemeanor charges because of their child's truancy.

"I understand truancy, and I understand why they're doing it, but sometimes you need to take a step back and look at the big picture and at least do a little bit of paperwork and find out why," Frier said. "I mean, with my children's epilepsy, it's very well-documented."

Frier said no one at the school ever mentioned the possibility of arrest, and he said there should be more communication with the parents and students.

But the State Attorney's Office said there was communication, with accommodations made at the school for the student, meeting with school leaders and Frier, as well as efforts made on the district level and finally at the State Attorney's Office.

"We went above and beyond for this guy," said Alan Louder, director of Juvenile Diversion at the SAO. "We did another whole stepping away from what we normally do. We brought (the Department of Children and Families), then we brought the school principal, and we brought the guidance counselor in. One of the teachers came in, because everybody loves this kid."

Louder said the SAO does work with truant students who have medical issues, and usually end up dropping the cases.

As Frier plans to go before the judge to face his charges, he offered parents some advice.

"Be mindful and try to be as hands-on as you can," Frier said. "Check every piece of paper that comes from your school. Check everything. Just make sure that you dot your i's and you cross your t's."

Frier's warrant, along with those for the other parents, carries a $1,503 bond.

If convicted, Frier and the other parents face up to a year in jail on the first-degree misdemeanor charge and up to 60 days in jail on the second-degree misdemeanor charge.