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Pitts v. State

The trial court properly denied the defendant's motion to declare O.C.G.A. § 20-2-690.1—which provides for mandatory education of children between the ages of six and 16—unconstitutional.

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Following the denial of her motion for new trial, Chanell Pitts appeals her convictions and misdemeanor sentences for violations in 2011 of OCGA § 20-2-690.1,1 which provides for mandatory education for children between the ages of six and sixteen “mandatory education statute”. Her sole challenge is to the constitutionality of OCGA § 20-2-690.1.2 For the reasons which follow, we affirm.

On January 31, 2012, Pitts was charged by accusation with nine separate counts of violation of OCGA § 20-2-690.1 in regard to her son’s unexcused absences from school in August 2011. On May 29, 2012, she filed a “Plea in Bar; Motion to Dismiss Accusation; Motion to Declare O.C.G.A. 20-2-690.1 Unconstitutional,” arguing that the statute violated due process and equal protection under the State and Federal Constitutions, and the doctrine of separation of powers under the State Constitution. The State Court of Jackson County rejected Pitts’s constitutional claims and denied her motion. Following a bench trial on October 24, 2012, Pitts was found guilty of three of the charges and acquitted of the remaining counts. She was sentenced collectively to 90 days to be served on probation and fined $200.

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