503.05 COMPULSORY SCHOOL ATTENDANCE; PARENTAL DUTY IMPOSED.
   (a)   No minor over the age of six, other than a minor that has been suspended or expelled from school, shall be at any place within the City except in attendance at school during required attendance unless the minor has written proof from school authorities excusing him or her from attending school at that particular time or unless the minor is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the minor.
   (b)   Every parent or legal guardian of a minor over the age of six must send said child to a school or a special education program that conforms to the minimum standards prescribed by the State Board of Education, for the full and requisite time the school or program attended is in session, which shall not be for less than thirty-two weeks per school year.
   (c)   No parent or legal guardian of a minor child over the age of six, unless the minor child has been suspended or expelled from school, shall fail to send said child to school during required school attendance unless the parent or legal guardian provides timely notice as prescribed by the school to the school of the child's absence and the school finds the parent or legal guardian's notice and the child's absence to be excused.
   For purposes of determining excused or unexcused absences and tardies, excused absences shall be as follows:
      (1)   Personal illness with notice to the school on the date of absence;
      (2)   Illness in family with prior approval from building administration;
      (3)   Quarantine of the minor's home;
      (4)   Death of a relative, limited to three days unless otherwise approved;
      (5)   Family emergency, subject to ruling by building administration;
      (6)   Family vacations, college visits, military visits, with prior approval by building administration;
      (7)   School sanctioned activities;
      (8)   Medical/Dental appointments with 24 hours advance notice to school;
      (9)   Observation of religious holidays;
      (10)   Required court appearances with prior approval by building administration; and
      (11)   Absence approved by the principal for good cause.
   All other absences not listed above shall be considered unexcused absences for purposes of this section.
   (d)   No parent or legal guardian of a minor child over the age of six, unless the minor child has been suspended or expelled from school, shall permit said child to be habitually truant from school. "Habitually truant" means any child of compulsory school age who is absent without legitimate excuse from the public school the child is required to attend for five or more consecutive days, seven or more school days in one school month, or twelve or more school days in one school year.
   (e)   All parents and legal guardians of a minor child over the age of six, are required to have the minor child at the appropriate school in a timely manner at the proper time designated by school authorities. No parent shall permit a minor child to be habitually tardy from school. "Habitually tardy" means any child of compulsory school age who is tardy without legitimate excuse from the public school for a period of more than seven days in one school year.
   (f)   Every parent or legal guardian of a minor child over the age of six shall have a duty to prohibit the minor child from behaving contrary to subsections (a), (b), (c), (d) or (e) hereof. No person shall negligently fail to fulfill the duty imposed by these subsections.
   (g)   It shall be an affirmative defense to subsections (a), (b), (c), (d), (e) and (f) hereof that the minor child, at the time he or she was not in attendance at school, was not required by law to be in attendance at school.
   (h)   It shall be an affirmative defense to subsections (b), (c), (d), (e) and (f) hereof that the parent or legal guardian initiated an action pursuant to the jurisdiction of the Juvenile Court against the minor child prior to the time that the minor was found violating subsection (a).
(Ord. 102-2023. Passed 8-7-23.)