HAMILTON, Ohio —  A judge says he will release a man who was jailed last week for failing to make sure his daughter earned her high school equivalency diploma.

Butler County Juvenile Court Judge David Niehaus' decision Friday would let Brian Gegner out of jail if his 18-year-old daughter Brittany attends a GED preparatory class and schedules the test before the next court date.

Gegner received a 180-day sentence for contributing to the unruliness or delinquency of a minor.

He had been ordered months ago to make sure his daughter, who has a history of truancy, received her GED — something that hasn't happened yet. His daughter has said it's not fair that her father was punished for her behavior.