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News Summary

BUTLER COUNTY JUVENILE COURT

If daughter fails GED test, dad may go back to jail

Judge continues case until Nov. 3, when Fairfield teen must have her diploma or her father is sent to jail.

By Lauren Pack

Staff Writer

Thursday, July 17, 2008

HAMILTON — A Fairfield man whose stint behind bars because of his daughter's failure to attend school or get a GED caused a media stir in May was in court again Wednesday, July 16.

And Brian Gegner will go back to jail in November because his daughter still has not obtained her equivalency diploma, though she is trying to pass the test.

Gegner's daughter, Brittany, was not in court with her father, but Butler County Juvenile Judge David Neihaus heard from court personnel that the 18-year-old had attended court-ordered classes focusing on math, which is the section she needs to complete to earn a general education diploma.

Niehaus ordered the 40-year-old father on May 7 to serve a 180-day jail sentence for contributing to the delinquency of a minor because his daughter still failed to get a diploma after he was ordered months before to make sure Brittany got the GED in return for a suspended jail sentence.

The judge released Gegner a week later, but told him the deal was the same, his daughter must attend classes and obtain her GED.

The young woman did attend classes ordered by the judge until June 27, then took a math pre-test for the GED program. She failed by a few points, according to court personnel.

Niehaus said Wednesday, he will continue Gegner's case until Nov. 3, when she must have her diploma.

"The bottom line is he will spend the time (in jail)," Niehaus told Gegner and his attorney Tamara Sack. "I don't care what anyone says."

The judge noted Brittany is smart enough to learn, if she just attends classes and studies. He also stressed the importance of education.

"She never got the basics because she didn't attend school," Niehaus said.

Niehaus pointed out during the May hearing that records show Brittany only attended 20 percent of GED classes after she was warned her father would go to jail if she did not get the diploma. She only had 5 of the 24 credits needed for graduation at Fairfield High School before her mother, Shana Roach, signed her up for online classes at Butler Tech, which she also did not do.

Brittany said her father shouldn't be blamed because she has been living with her mother. Also, she said attending school and even the online classes was difficult because she was pregnant with her daughter.

Sack said the entire family has rallied around Brittany and is making sure she attends classes and coaching her in the evenings.

"She is very nervous about this," Sack said, noting she is aware her father's freedom rests on her shoulders. "She while have to work through those nerves."

The judge told Gegner. "you are doing a good job so far, let's get to the finishing line."

After the hearing, Gegner said, "I am still pushing Brittany."

Contact this reporter at (513) 820-2168 or lpack@coxohio.com.

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