In Re Gloria H.
Full Opinion (html_with_citations)
In this appeal from the Circuit Court for Prince Georgeâs County, sitting as a Juvenile Court, we hold that the Stateâs evidence was sufficient as a matter of law to establish that Gloria H., Appellant, violated the compulsory public school attendance law set forth in § 7-301 of the Education Article. We also hold, however, that Appellant is entitled to a new trial on the issue of whether she was âinvolvedâ in a violation of that statute.
Background
§ 3-8A-03 of the Courts and Judicial Proceedings Article, in pertinent part, provides:
(c) Criminal cases under compulsan/ public school attendance laws.âThe jurisdiction of the [Juvenile] court is concurrent with that of the District Court in any criminal*566 case arising under the compulsory public school attendance laws of this State.
At all times relevant to the case at bar, § 7-301 of the Education Article,
Compulsory attendance.
(a) Who must attend.â(1) Except as otherwise provided in this section, each child who resides in this State and is 5 years old or older and under 16 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.
*567 (c) Duty of parent or guardian.âEach person who has legal custody or care and control of a child who is 5 years old or older and under 16 shall see that the child attends school or receives instruction as required by this section.
(e) Penaltiesâ....
(2) Any person who has legal custody or care and control of a child who is 5 years old or older and under 16 who fails to see that the child attends school or receives instruction under this section is guilty of a misdemeanor and;
(i) For a first conviction is subject to a fine not to exceed $50 per day of unlawful absence or imprisonment not to exceed 10 days, or both; and
(ii) For a second or subsequent conviction is subject to a fine not to exceed $100 per day of unlawful absence or imprisonment not to exceed 30 days, or both.
(3) As to any sentence imposed under this section, the court may suspend the fine or the prison sentence and establish terms and conditions which would promote the childâs attendance. The suspension authority provided for in this subsection is in addition to and not in limitation of the suspension authority under § 6-221 of the Criminal Procedure Article.
Appellant was charged in an Adult Truancy Petition (âJuvenile Petition-Adultâ) that included the following assertions:
1. That the [Appellant] was born on 09-AUG-1966 and is an adult residing [in] Prince Georgeâs County, MD 20743.
2. That your Petitioner alleges that the [Appellant] did:
c. on or about August 22, 2005 have control over [her daughter, Monica2 ], a child who was five (5) years or older and under sixteen (16) years of age and who is*568 subject to the compulsory attendance laws of the State as defined in Section 7-301 of the Education Article of the Annotated Code of Maryland, and failed to see that the child attended school or received instruction;
3. That such conduct constitutes a violation of Section 7-301 thereby constituting a criminal misdemeanor!.]
* * *
WHEREFORE,' the State asks that the Court make appropriate findings and dispositions!.]
During the adjudicatory hearing on this Petition, the State presented its case through the testimony of Jacqueline Nayes, a Pupil Personnel Worker employed by the Prince Georgeâs County Public School System. According to Ms. Nayes, (1) Monica, a student at Suitland High School, had been absent on seventy four of the one hundred eighty days in the Prince Georgeâs County Public School Systemâs 2005-2006 school year,
THE PROSECUTOR: Now, Ms. Nayes, when you would have a conversation with [Appellant], what if anything would she tell you about this child? What reasons did she give you for the childâs (unintelligible)?
MS. NAYES: She just said that Monicaâat the inner-agency council she said she was trying to get Monica to school. And she was trying and the grandmotherâPve spoken to the grandmother. She has tried too.
THE PROSECUTOR: In what way have they tried or did she indicate! ] in what way she had tried?
MS. NAYES: I think on some occasions, and I donât think it was on a regular basis, but I think she doesâshe has brought her to school. Drive her to school.
[APPELLANTâS COUNSEL]: If you are physically in the building but donât go to class[,] specifically home-room, youâre marked absent?
MS. NAYES: You are marked absent. However, if a teacher spots you then ... theyâre supposed to alert the attendance office to let them know.
[APPELLANTâS COUNSEL]: And once she enters the school building sheâsâonce she enters the school building sheâs then in the care and custody of the Suitland High School?
MS. NAYES: Correct.
Appellant and Monica both testified that, although Monica arrived at her school on a regular basis, Monica rarely attended the classes to which she was assigned.
The following transpired during Appellantâs cross-examination:
LTHE PROSECUTOR]: At some point you realized that your child was not going to school?
[APPELLANT]: Yes.
[THE PROSECUTOR]: And what if anything did you do when you found out she was not in school?
[APPELLANT]: I would leave work and take her to school or get the cab to take her.
[THE PROSECUTOR]: So the only thing you did was (unintelligible) send her to school (unintelligible)?
[APPELLANT]: Correct.
[THE PROSECUTOR]: But there were sometimes when you did not even see her get on the bus, right?
[APPELLANT]: Right.
[THE PROSECUTOR]: Now how much did you pay a cab to take her to school?
[APPELLANT]: Ten dollars.
*570 * * *
[THE PROSECUTOR]: Of the 74 days is it your testimony then that she was in school but not in class for those 74 days?
[APPELLANT]: Yes.
[THE PROSECUTOR]: How do you know?
[APPELLANT]: âCause she wasnât at home when I got there.
[THE PROSECUTOR]: For those 74 daysâfor the 74 days?
[APPELLANT]: Uh-huh.
# * *
[THE PROSECUTOR]: Okay. Did you ever ask Monica why she didnât want to go to school?
[APPELLANT]: No.
[THE PROSECUTOR]: (Unintelligible)?
[APPELLANT]: I mean, she tells me she goes to school, she just donât go to class.
[THE PROSECUTOR]: Okay. Did you ever find out why you[r] child didnât like to go to class?
[APPELLANTâS COUNSEL]: Objection, the issue is
whether or not she went to school.
[THE PROSECUTOR]: well itâ
THE COURT: Overruled.
[THE PROSECUTOR]:âeven in school orâ
THE COURT: All right. I saidâI said overruled.
[APPELLANT]: Can you repeat the question, please?
THE COURT: Did you ever ask her why she didnât want to go to class?
[APPELLANT]: No.
[THE PROSECUTOR]: You never did?
THE COURT: The answer is no. Next question.
[THE PROSECUTOR]: Nothing further.
The following transpired during Monicaâs cross-examination:
*571 [THE PROSECUTOR]: Did there come a point in time when you got disciplined for not going to class?
WITNESS: Yes. ,
[THE PROSECUTOR]: What kind of discipline was that?
WITNESS: I couldnât go outside or nothing.
[THE PROSECUTOR]: You couldnât go outside?
WITNESS: Yes.
[THE PROSECUTOR]: Okay. And that was it?
WITNESS: Yes.
[THE PROSECUTOR]: Okay. And how long would you beâI guess you would call thatâyou were grounded, is that it?
WITNESS: Yes.
[THE PROSECUTOR]: How long would you be grounded?
WITNESS: I donât know.
[THE PROSECUTOR]: How long would your mom ground you?
WITNESS: I donât know.
[THE PROSECUTOR]: You canât remember?
WITNESS: No.
[THE PROSECUTOR]: Days, weeks, months?
(No verbal response.)
[THE PROSECUTOR]: So youâd be grounded, but you still wouldnât go to school?
WITNESS: Yes.
[THE PROSECUTOR]: And youâd be in the school building according to you, but you wouldnât go to class?
WITNESS: Yes.
[THE PROSECUTOR]:âfor 74 days? And where were you hanging out?
WITNESS: In the hallways.
[THE PROSECUTOR]: Just hanging out in the hallways?
(No verbal response.)
*572 [THE PROSECUTOR]: Who were you hanging out with?
[APPELLANTâS COUNSEL]: Objection, Your Honor.
THE COURT: Overruled.
WITNESS: Sometimes with my friends or by myself.
[THE PROSECUTOR]: When you were hanging out by yourselfâso the times you hung out by yourself, according to you, your friends would be in class, right?
WITNESS: I donât know.
[THE PROSECUTOR]: But they wouldnât be with you, hanging out in the hallways, right?
WITNESS: Yes.
[THE PROSECUTOR]: Youâd be hanging out by yourself?
WITNESS: Yes.
[THE PROSECUTOR]: So when you go to school and you hang out in the hallways, what time would you get home?
WITNESS: My regular time.
[THE PROSECUTOR]: What did you say?
WITNESS: My regular time.
[THE PROSECUTOR]: Which was? Which is what?
WITNESS: Threeâ
[THE PROSECUTOR]: Three oâclock. Okay.
WITNESS: Yes.
[THE PROSECUTOR]: When you get home, would your mom be home?
WITNESS: Yes.
THE COURT: I canât hear you. What did you say?
WITNESS: Yes.
[THE PROSECUTOR]: Okay. And what would you tell her?
WITNESS: Nothing.
[THE PROSECUTOR]: Nothing? What would she ask you?
*573 WITNESS: Sometimes sheâd ask me do I go to class, sometimes she donât.
[THE PROSECUTOR]: What would you tell her?
WITNESS: No or yesâIâd say yes, sometimes I said no.
[THE PROSECUTOR]: Okay. Sometimes you tell her you didnât go to class, right?
WITNESS: Yeah.
[THE PROSECUTOR]: Okay. And the only thing that she did was ground you?
WITNESS: Yes.
The summation of Appellantâs counsel included the following arguments:
[APPELLANTâS COUNSEL]: .... Your Honor, again the petition alleges that Ms. H., failed to see that her child attended school. Ms. H., testified that she got up early in the morning, because she had to be in school to work at 7:00. She got her daughter up. Her daughter left the house with her. She paid for a cab for her daughter to go to school after they determined it wasnât safe after a robbery at the school bus stop with her tote. She drove her to school sometimes herself. Her daughter saidâMonica also testified that some days she also got a ride from her aunt. Ms. H., never let her daughter just stay home from school. When Ms., H., received phone calls from the school that her daughter wasnât in class, she did leave work to go checkâaâat home to make sure she was not there and then reported to the school. Your Honor, once she gets her daughter to school, which is her responsibility, sheâs not'â⢠sheâs in the care and custody of the school. She has to go to work. Sheâs not going to sit in school all day and follow her around. The statute says that she has to see that her daughter attends school and she did that. She did not fail to see that her child attended school. She got her there. Her daughter just decided that she wasnât going to go to class and she got up there and she testified to that. I donât*574 think that should be attributed to Ms. H., Your Honor and I would ask that she be found not involved.
The prosecutor responded with the following arguments:
[THE PROSECUTOR]:' Your Honor, theâagain this case boils down to credibility, and this is just very sad, and very pathetic. One of the reasons being the apathy, with which the [Appellant] testified. Counselâthe apathy that was evident on the part of the child, Monica S. According to this [Appellant] she did everything she could, yet she admitted that she never once asked her daughter why donât you want to go to school. The statute clearly states that she has a responsibility to ensure that that child attends school or obtains some sort of instruction. She testified that she would get a cab, but she didnât always see the child get into the cab. There were times she would go up to the school, and the child would be there, but would not be in class, but that was not all the time. IâIâYour Honor, of those 74 days, it boils down to credibility. Thereâs no way that she could say for sure that for those 74 days that child was in the school building or had even made it to school if she didnât see her get into the cab. I think that [Appellant] clearly, yes, she may have made an attempt by calling a cab and paying $10.00 per day, but she did not do everything she could to ensure that her child received the education that she needed to receive. All she did was to ground her. We donât know whether it was for hours, days, weeks or months. But all that child got was or all that happened was that she was told she couldnât go outside when she was missing so many days of school. And her mother knew from Ms. Nayes that there was a problem. I think she could have done more and I ask that you find her involved.
At that point, the Circuit Court announced the following findings and conclusions:
THE COURT: I guess your case is a lotâit is a lot differentâa lot like a lot of other cases coming here in these kinds of cases especially the testimony thatâs been presented here. And that is, whether or not I believe the testimo*575 ny thatâs been presented to me. The [Sjtateâs witnesses testified basically regarding the records that are contained and the number of days that youâve missed. And your lawyer is right to an extent. Seventy-four days have been missed in the 2005-2006 school year. Quite frankly only to 76âseven of those may be directly attributable toâattributable to you not sending the child to school and the child not attending school properly or being unexcused absences haveâin fact those seven may have been excused because the child was suspended. But what is probably shocking and telling in this case, one of the last questions the [Sjtateâs attorney asked you. Did you ever talk to your child about why she wasnât going to school? To me thatâs a bit incomprehensible that the answer would be no. When the child was withdrawn in February because the child had missed 44 days by February 24, 2006 and you never talked to her. She goes to live with the father purportedly to try to get her on the right t[rjack to go to school. She comes back or re-enrolled somewhere around Februaryâstrike that, March 17, then she misses another 26 to the end of the school year in June. You never talked to her to find outâ ask her why and sheâs not going. And she was suspended, as you say, for cutting classes. You neverâafter sheâs suspended you donât ask, baby why you being suspended, and you know youâre suspended for cutting classes, what is your reason for cutting classes? I would have to say something is wrong. Either you talked to her or you knew that she wasnât going and you werenât encouraging her to goingâto go to school andâor that she missed the six or seven days from school and you knew she missed the six or seven days from school and you didnât encourage her to go to school. So it is one of two. Did you talk to her and if you talked to her and you just encouraged her, or you just didnât give a durn that she wasnât going to school? And it appears as though you just didnât give a durn. Thatâs what it appears as though. Thatâs theâand the hard cold reality of it all right now, I donât think it has registered on you or your daughter until today ... Tâm concluding that she*576 wasnât going to school because it is just hard for me to imagine someone is paying $10.00 a day basically every day to catch a taxi to school and youâre going to askâyou see the report card, you know sheâs been suspended. You know by February sheâs already missed 44 days and youâre not going to ask. When you put all those pieces together, Iâm going toâI canât help but conclude that the child was not attending school and the mother knew that she was not attending school and she was not encouraging her to attend school. And the court will find that the [Sjtate has proven its case. The court will, in fact, find the [Appellant] involved of the one count of this petition.
The Circuit Court placed Appellant on unsupervised probation, Appellant noted an appeal of that disposition to the Court of Special Appeals, and filed a brief in which she presented a single argument:
THE EVIDENCE WAS LEGALLY INSUFFICIENT TO SUSTAIN THE TRIAL COURTâS FINDING THAT THE APPELLANT VIOLATED MD. CODE, EDUCATION, § 7-301(E)(2).
Before this argument was presented to a panel of the Court of Special Appeals,
Discussion
I.
Appellant argues (in the words of her brief):
Notwithstanding the appellantâs efforts, the trial court found that there was sufficient evidence to sustain a finding that the appellant âfailed to see that her child attended school.â Such a finding is simply not supported by evi*577 dence. The appellant did everything she could to see that Monica attended school. As such, reversal is required.
This argument incorrectly assumes that the Circuit Court was required to accept the testimony presented by Appellant and Monica. The Circuit Court was entitled to (1) acceptâor rejectâall, part, or none of the testimony of any witness, including testimony that was not contradicted by any other witness, and (2) draw reasonable inferences from the facts that it found to be true. âThere is nothing mysterious about the use of inferences in the fact-finding process. Jurors routinely apply their common sense, powers of logic, and accumulated experiences in life to arrive at conclusions from demonstrated sets of facts.â Robinson v. State, 315 Md. 309, 318, 554 A.2d 395, 399 (1989). In bench trials, judges do the very same thing.
In Attorney Grievance Commân v. Clements, 319 Md. 289, 572 A.2d 174 (1990), while ordering that a Petition for Disciplinary Action be dismissed, this Court stated:
[The Hearing Court] plainly rejected Clementsâs testimony[.] Thus, we eliminate from our analysis that aspect of Clementsâs defense.... The issue is whether Bar Counsel presented sufficient evidence of the charge to meet the clear and convincing standard of proof.
Id. at 298, 572 A.2d at 179. Because the Circuit Court was entitled to reject all of Appellantâs evidence, to determine whether the State presented sufficient evidence to meet the beyond a reasonable doubt standard of proof, we are required to âeliminateâ Appellantâs evidence from our analysis. Having done so, we must determine whether evidence that a high school student was not in his or her home-room when attendance was taken is sufficient to support the inference that the student did not attend school on that day. We conclude that, from evidence of the days that Monica was not in her homeroom on the days that she was marked absent, a reasonable trier of fact could reasonably find beyond a reasonable doubt that, for more than ten weeks of the 2005-2006 school year (1) Monica did not attend school, and (2) Appellant had failed to
Having concluded that the evidence presented by the State was sufficient as a matter of law to establish that Appellant failed to see that Monica attended school, we must then determine whether the verdict announced by the Circuit Court was based upon a clearly erroneous factual finding and/or a mistaken conclusion of law. In making this determination, we presume that the Circuit Court knows the applicable law and applied that law correctly. This presumption is rebuttable, however, and may be rebutted in several ways. For example,
This presumption was rebutted in the case at bar when the Circuit Court based its verdict upon an impermissible inference. In VF Corp. v. Wrexham Aviation, 350 Md. 693, 715 A.2d 188 (1998), this Court stated that, â[t]he juryâs prerogative not to believe certain testimony ... does not constitute affirmative evidence to the contrary.â Id. at 711, 715 A.2d at 196. In Clements, supra, this Court stated:
*579 A refusal to believe evidence of a respondent, however, does not, of itself, supply affirmative evidence of the dishonesty, fraud, deceit or misrepresentation charged.
319 Md. at 298, 572 A.2d at 179.
The record clearly shows that the Circuit Courtâs verdict was based in substantial part upon its finding that, because Appellantâs âincomprehensibleâ testimony lacked credibility, the opposite of her exculpatory testimony must be true. For the reasons stated in VF Corp., supra, and Clements, supra, the Circuit Court erred in drawing this impermissible inference.
II.
Appellant also argues that she was entitled to a verdict in her favor on a ground that is certain to be raised during the retrial. According to Appellant, while it is her obligation to âsee that Monica attends school,â it is the school systemâs obligation to see that Monica attends classes after she has arrived at school. The record shows that Ms. Nayes agreed with the assertion that, âonce [Monica] enters the school building[,] sheâs then in the care and custody of the Suitland High School[Jâ For the reasons that follow, so do we.
Whether the legislature intended to impose criminal liability on parents whose children go to school, but do not attend classes, presents an issue of statutory interpretation. In WCI v. Geiger, 371 Md. 125, 807 A.2d 32 (2002), this Court stated:
Repeatedly, we have emphasized that âthe paramount object of statutory construction is the ascertainment and*580 effectuation of the real intention of the Legislature.â Whiting-Turner Contracting Co. v. Fitzpatrick, 366 Md. 295, 301, 783 A.2d 667, 670 (2001). See Robinson v. State, 353 Md. 683, 694, 728 A.2d 698, 703 (1999); Degren v. State, 352 Md. 400, 417, 722 A.2d 887, 895 (1999); Wesley Chapel v. Baltimore, 347 Md. 125, 137, 699 A.2d 434, 440 (1997); Oaks v. Connors, 339 Md. 24, 35, 660 A.2d 423, 429 (1995). In seeking to ascertain legislative intent, we first look to the words of the statute, see Mayor and City Council of Baltimore v. Chase, 360 Md. 121, 756 A.2d 987, 990 (2000); Harris v. State, 353 Md. 596, 606, 728 A.2d 180, 184 (1999); Lewis v. State, 348 Md. 648, 653, 705 A.2d 1128, 1131 (1998); Marriott Employees Fed. Credit Union v. Motor Vehicle Admin., 346 Md. 437, 444-45, 697 A.2d 455, 458 (1997); Stanford v. Maryland Police Training & Correctional Commân, 346 Md. 374, 380, 697 A.2d 424, 427 (1997) (quoting Tidewater v. Mayor of Havre de Grace, 337 Md. 338, 344, 653 A.2d 468, 472 (1995)), viewing them âin ordinary terms, in their natural meaning, in the manner in which they are most commonly understood.â Derry v. State, 358 Md. 325, 335, 748 A.2d 478, 484 (2000); see also Sacchet v. Blan, 353 Md. 87, 92, 724 A.2d 667, 669 (1999); Whack v. State, 338 Md. 665, 672, 659 A.2d 1347, 1350 (1995). âWhere the statutory language is plain and free from ambiguity, and expresses a definite and simple meaning, courts do not normally look beyond the words of the statute itself to determine legislative intent.â Degren, 352 Md. at 417, 722 A.2d at 895 (citing Marriott Employees, 346 Md. at 444-45, 697 A.2d at 458); Kaczorowski v. Mayor of Baltimore, 309 Md. 505, 515, 525 A.2d 628, 633 (1987); Hunt v. Montgomery County, 248 Md. 403, 414, 237 A.2d 35, 41 (1968). Nor may a court under those circumstances add or delete language so as to âreflect an intent not evidenced in that language,â Condon v. State, 332 Md. 481, 491, 632 A.2d 753, 755 (1993), or construe the statute with â âforced or subtle interpretationsâ that limit or extend its application.â Id. (quoting Tucker v. Firemanâs Fund Insurance Co., 308 Md. 69, 73, 517 A.2d 730, 732 (1986)).
*581 Only when the statutory language is unclear and ambiguous, will courts look to other sources, such as the legislative history. Degren, 352 Md. at 417, 722 A.2d at 895; Tracey v. Tracey, 328 Md. 380, 387, 614 A.2d 590, 594 (1992). We neither add words to, nor delete words from, a clear and unambiguous statute to give it a meaning not reflected by the words the Legislature chose to use, and we do not engage in forced or subtle interpretation in an attempt to extend or limit the statuteâs meaning. Taylor v. Nations-Bank, 365 Md. 166, 181, 776 A.2d 645, 654 (2001); Mid-Atlantic Power Supply Assân v. Public Service Commân, 361 Md. 196, 204, 760 A.2d 1087, 1091 (2000). Moreover, whenever possible, the statute should be read so that no word, clause, sentence or phrase is rendered superfluous or nugatory. Taylor, 365 Md. at 181, 776 A.2d at 654; Chesapeake Amusements, Inc. v. Riddle, 363 Md. 16, 29, 766 A.2d 1036, 1042 (2001); Mid-Atlantic Power Supply Assân, 361 Md. at 204, 760 A.2d at 1091. And a statute is to be given a reasonable interpretation, not one that is illogical or incompatible with common sense. State v. Brantner, 360 Md. 314, 322, 758 A.2d 84, 88-89 (2000); D & Y, Inc. v. Winston, 320 Md. 534, 538, 578 A.2d 1177, 1179 (1990); Blandon v. State, 304 Md. 316, 319, 498 A.2d 1195, 1196 (1985); Erwin and Shafer, Inc. v. Pabst Brewing Co., 304 Md. 302, 315, 498 A.2d 1188, 1194 (1985).
We have acknowledged that in determining a statuteâs meaning, courts may consider the context in which a statute appears, including related statutes and, even when a statute is clear, its legislative history. See Morris v. Prince Georgeâs County, 319 Md. 597, 604, 573 A.2d 1346, 1349 (1990); see also Kaczorowski v. Mayor and City Council of Baltimore, 309 Md. 505, 515, 525 A.2d 628, 633 (1987). We have cautioned, however, that this inquiry is âin the interest of completeness,â Harris, supra, 331 Md. at 146, 626 A.2d at 950, âto look at the purpose of the statute and compare the result obtained by use of its plain language with that which results when the purpose of the statute is taken into account.â Id. That inquiry, in other words, we emphasized in*582 Chase, âis a confirmatory process; it is not undertaken to contradict the plain meaning of the statute.â Chase, supra, 360 Md. at 131, 756 A.2d at 993; see also Coleman v. State, 281 Md. 538, 546, 380 A.2d 49, 54 (1977) (âa court may not as a general rule surmise a legislative intention contrary to the plain language of a statute or insert exception s not made by the legislature.â).
Id. at 140-43, 807 A.2d at 41-42.
Because we are interpreting a criminal statute, if we are unable to ascertain the âreal intentionâ of the legislature, we must âmake use of an. aid to statutory interpretation known as the ârule of lenity.â â Monoker v. State, 321 Md. 214, 222, 582 A.2d 525, 529 (1990).
The rule of lenity was originally formulated by the United States Supreme Court as a principle of statutory construction. The policy behind the rule is â âthat the Court will not interpret a ... criminal statute so as to increase the penalty that it places on an individual when such an interpretation can be based on no more than a guess as to what [the legislature] intended.â â White v. State, 318 Md. at 744, 569 A.2d 1271, quoting Simpson v. U.S., 435 U.S. 6, 15, 98 S.Ct. 909, 914, 55 L.Ed.2d 70 (1978), which in turn quotes Ladner v. U.S., 358 U.S. 169, 178, 79 S.Ct. 209, 214, 3 L.Ed.2d 199 (1958). The rule of lenity is neither absolute nor exclusive, nor are there any fixed criteria for applying it. White v. State, 318 Md. at 745, 569 A.2d 1271.
Id. at 222-23, 582 A.2d at 529.
The words of the statute do not make it clear whether the legislature intended that the compulsory public school attendance law would impose criminal liability on a parent whose child âcuts class.â Applying the rule of lenity, we conclude that the statute at issue does not impose criminal liability on a parent whose child âenters the school building.â A contrary conclusion would be inconsistent with Hornbeck v. Somerset Co. Bd. of Educ., 295 Md. 597, 458 A.2d 758 (1983), in which this Court stated:
*583 Marylandâs public school system is administered pursuant to the provisions of the Education Article of the Maryland Code.... The State Board of Education ... is entrusted with the general care and supervision of the public elementary and secondary schools of the State; it is empowered to determine and carry out the Stateâs public school policies and to adopt bylaws, rules and regulations for the administration of the system.... A county Board of Education in each county and a Board of School Commissioners in Baltimore City, together with their local school superintendents, are vested with control over educational matters in their respective school districts. Subject to applicable bylaws, rules and regulations of the State Board, the local authorities are empowered to determine the educational policies within their own school districts.
A contrary conclusion would also be inconsistent with Frugis v. Bracigliano, 177 N.J. 250, 827 A.2d 1040 (2003), in which the Supreme Court of New Jersey stated:
The law imposes a duty on children to attend school and on parents to relinquish their supervisory role over their children to teachers and administrators during school hours. While their children are educated during the day, parents transfer to school officials the power to act as the guardians of those young wards. No greater obligation is placed on school officials than to protect the children in their charge from foreseeable dangers, whether those dangers arise from the careless acts or intentional transgressions of others.
Id. at 1050.
Our conclusion is consistent with Blau v. Ft. Thomas Public School District, et al., 401 F.3d 381 (6th Cir.2005), in which the United States Court of Appeals for the Sixth Circuit affirmed a summary judgment entered by the United States District Court for the Eastern District of Kentucky in favor of a school district that had been sued because it established a âdress code.â The Blau Court stated:
The critical point is this: While parents may have a fundamental right to decide ivhether to send their child to a public*584 school, they do not have a fundamental right generally to direct how a public school teaches their child. Whether it is the school curriculum, the hours of the school day, school discipline, the timing and content of examinations, the individuals hired to teach at the school, the extracurricular activities offered at the school or, as here, a dress code, these issues of public education are generally âcommitted to the control of state and local authorities.â Goss v. Lopez, 419 U.S. 565, 578, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975); see Littlefield v. Forney Indep. Sch. Dist., 268 F.3d 275, 291 (5th Cir.2001) (âWhile parents may have a fundamental right in the upbringing and education of their children, this right does not cover the parentâs objection to a public school Uniform Policy.â); see also Leebaert v. Harrington, 332 F.3d 134, 142 (2d Cir.2003) (The fundamental right to control the upbringing and education of oneâs child does not include âthe right to tell public schools what to teach or what not to teach him or her.â); Swanson v. Guthrie Indep. Sch. Dist., 135 F.3d 694, 699 (10th Cir.1998) (parents do not have a fundamental right to send their child to school part-time only and pick and choose the classes she takes); Herndon v. Chapel Hill-Carrboro City Bd. of Educ., 89 F.3d 174, 176 (4th Cir.1996) (requirement that high school students perform community service in order to graduate does not violate parentsâ right to control education of their children); Immediato v. Rye Neck Sch. Dist., 73 F.3d 454, 462 (2d Cir.1996) (applying rational-basis review to determine that high school could require community service before graduation); Brown v. Hot, Sexy and Safer Prods., Inc., 68 F.3d 525, 533 (1st Cir.1995) (parentsâ fundamental right to control a childâs education does not include the right to control curriculum at their childâs public school); Kite v. Marshall, 661 F.2d 1027, 1029 (5th Cir.1981) (parents have no fundamental right to send their children to summer athletic camp against school regulation prohibiting such camps).
Id. at 395-96. (Emphasis in original).
Because a child who âattends schoolâ is âcommitted to the control of state and local authorities,â while evidence that a
JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGEâS COUNTY, SITTING AS A JUVENILE COURT, VACATED; CASE REMANDED FOR FURTHER PROCEEDINGS NOT INCONSISTENT WITH THIS OPINION; COSTS TO BE PAID BY PRINCE GEORGEâS COUNTY.
Concurring and Dissenting Opinion by BATTAGLIA, J., which BELL, C.J., joins in the concurrence and Part I only of the dissent.
. Effective June 30, 2009, this statute, in pertinent part, provides:
(a) Who must attend.â
(]) Except as otherwise provided in this section, each child who resides in this State and is 5 years old or older and under 16 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.
(c) Duty of parent or guardian.âEach person who has legal custody or care and control of a child who is 5 years old or older and under 16 shall see that the child attends school or receives instruction as required by this section.
(e) Penalties.â
* * *
(2) Any person who has legal custody or care and control of a child who is 5 years old or older and under 16 who fails to see that the child attends school or receives instruction under this section is guilty of a misdemeanor and:
(i) For a first conviction is subject to a fine not to exceed $ 50 per day of unlawful absence or imprisonment not to exceed 10 days, or both; and
(ii) For a second or subsequent conviction is subject to a fine not to exceed $ 100 per day of unlawful absence or imprisonment not to exceed 30 days, or both.
(3) As to any sentence imposed under this section, the court may suspend the fine or the prison sentence and establish terms and conditions which would promote the child's attendance. The suspension authority provided for in this subsection is in addition to and not in limitation of the suspension authority under § 6-221 of the Criminal Procedure Article.
. In the Petition, Appellantâs daughter is identified as "Ronnika K." We shall refer to the child as "Monica,â to be consistent with how her name appears in the adjudicatory hearing transcript.
. According to the school system's records, Monica had been suspended for seven of the seventy four days on which she was marked absent.
. Because no prior appellate decision has been rendered in the case at bar, the designation of the parties is controlled by Md. Rule 8-111(a)(1).
. According to the dissenting opinion, "[a]ll of the evidence supports the conclusion that Gloria H .... did see that Monica ... was at school.â The Circuit Court, however, was entitled to reject all of Appellant's evidence. Because the Circuit Court did so, this Court must "eliminateâ Appellantâs evidence when deciding the "sufficiencyâ issue.
. Thornton is merely one example of what occurs when an appellate court holds that, although the Stateâs evidence was sufficient as a matter of law, the verdict must be set aside on other grounds. Other examples include Diggs v. State, 409 Md. 260, 973 A.2d 796 (2009); State v. Grady, 276 Md. 178, 345 A.2d 436 (1975) (aff'g Grady v. State, 24 Md.App. 85, 329 A.2d 726 (1974)); and State v. Evans, 278 Md. 197, 362 A.2d 629 (1976) (affâg Evans v. State, 28 Md.App. 640, 349 A.2d 300 (1975)).
. According to the dissenting opinion, "[t]he [impermissible] factual inference drawn by the judge was the key to the judge's finding that the evidence was sufficient.'' The impermissible inference, however, was actually the key to the judgeâs finding beyond a reasonable doubt that Gloria H. was âinvolved.â That is why she is entitled to a new trial rather than an outright reversal.