A. Definitions: When used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
TRUANT: A child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof.
VALID CAUSE FOR ABSENCE: Illness, observance of a religious holiday, death in the immediate family, family emergency, and shall include such other situations beyond the control of the student as determined by the board of education in the district, or such other circumstances which cause reasonable concern to the parent for the safety or health of the student. (2006 Code § 6-3-1)
B. Truancy Prohibited; Exceptions:
1. Prohibitions And Exceptions: It shall be unlawful for any child subject to compulsory school attendance, enrolled in a public, private or parochial school who resides within the city to absent himself or herself from attendance without valid cause. Any person who shall so absent himself or herself shall be guilty of the offense of truancy and subject to the penalties set forth in subsection B2 of this section. Emergency or unforeseen absences due to illness or other causes beyond the control of the person so absenting himself or herself from school shall not constitute truancy if permission for such absence has substantially been obtained from the parent and such permission is submitted in writing to the proper school authorities within twenty four (24) hours after such an absence. (2006 Code § 6-3-2)
2. Penalties:
a. Any person over the age of thirteen (13) or the parent or legal guardian of a person under the age of thirteen (13), who violates this section, as a first offense, shall be subject to a citation. The citation shall be paid at the city hall or public safety building in the amount of twenty five dollars ($25.00), or if paid within forty eight (48) hours, fifteen dollars ($15.00). Any person who fails to make payment as outlined herein within ten (10) days, or any person violating this section after the first offense must appear in court and shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). Each day during which any person violates this section shall be deemed a separate offense. (2006 Code § 6-3-2; amd. 2016 Code)
b. When appropriate community service is available, a person who is truant may perform supervised community service work in lieu of a fine. (2006 Code § 6-3-2)
C. Liability Of Parent Or Guardian: It shall be unlawful for any person having custody or control of a child subject to the provisions of this section, to whom notice has been given of the child's truancy, to knowingly and wilfully permit such a child to persist in his or her truancy within that school year. Upon conviction thereof, such person shall be guilty of a class C misdemeanor and shall be subject to not more than thirty (30) days' imprisonment and/or a fine of up to five hundred dollars ($500.00). (2006 Code § 6-3-3)
D. Inducement Of Truancy Prohibited: Any person who induces or attempts to induce any child subject to the provisions of this section to be absent from school unlawfully, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school for three (3) consecutive school days is guilty of a class C misdemeanor. (2006 Code § 6-3-4)
E. Enforcement:
1. Authority To Charge Violations: Any duly appointed school administrator or authorized truant officer of a public, private or parochial school within the corporate limits of the city, or any peace officer, shall have the authority to sign all complaints and charge any violations of this section.
2. Authority To Detain And Deliver: Any duly appointed school administrator or authorized truant officer of a public, private or parochial school within the corporate limits of the city, or any peace officer engaged in the enforcement of this section, is hereby authorized to detain any suspected truant and deliver the minor to the school where the minor is enrolled.
3. Authority To Prosecute: The city hereby authorizes and grants full power and authority to the office of the Knox County state's attorney to prosecute violations and enforce the provisions of this section. (2006 Code § 6-3-5)