535.02 CHILDREN SUSPENDED OR EXPELLED FROM SCHOOL AND HOME-SCHOOLED CHILDREN TO REMAIN UNDER SUPERVISION; PARENTAL DUTY IMPOSED.

   (a)    If a child is home-schooled or suspended or expelled from school, then each parent or legal guardian of the child shall have the following duties for the duration of the suspension or expulsion or during such period that the child is home-schooled:

      (1)   The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the time that the child would have been required to be in attendance at school had he or she not been home-schooled, suspended or expelled; and

      (2)   The duty to prohibit from child from being at any public place at the time that the child would have been required to be in attendance at school had he or she not been home-schooled, suspended or expelled, except in the following circumstances:

         A.    When the child is accompanied by the parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child; or

         B.    When the child is employed pursuant to an age and schooling certificate issued by the school authorities during the times that the child is actually on the job or traveling directly to or from the job site.

   No person shall negligently fail to fulfill the duties imposed by this section.

   (b)    No child that is home-schooled or has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection (a)(1) hereof.

   (c)    No child that is home-schooled or has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances described in subsections (a)(2)A., (a)(2)B.

   (d)    As used in this section, "public places" include, but are not limited to any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or recreation or amusement.

   (e)    A police officer may transport any child violating subsection (a) hereof to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.

   (f)   Any child who violates subsection (b) hereof is an unruly child and is subject to the jurisdiction of the juvenile court.

   (g)    Any person that negligently fails to fulfill the duty imposed by subsection (a) hereof is guilty of negligently failing to supervise home-schooled, suspended or expelled children, a minor misdemeanor for a first offense. For a second offense, a violation shall be punishable as a misdemeanor of the fourth degree. For a third or subsequent offense a violation shall be punishable as a misdemeanor of the first degree.
(Ord. 2006-237. Passed 12-5-06.)