(a) If a child is 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:
(1) The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and
(2) The duty to prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
A. Where 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. Where 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; or
C. Where the child is on an emergency errand; or
D. Where the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.
No person shall negligently fail to fulfill the duties imposed by this division.
(b) No child who has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to paragraph (a)(1) of this section.
(c) No child who 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 paragraph (a)(2)A., (a)(2)C. or (a)(2)D.
(d) As used in this section, "public place" includes any street, sidewalk, park, cemetery, school yard, body of water, watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
(e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the child's residence and may release the child into the care of a parent or legal guardian, 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 division (b) or (c) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who negligently fails to fulfill the duty imposed by division (a) of this section is guilty of negligently failing to supervise a suspended or expelled child, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 599.02.
(Ord. 187-1993. Passed 10-18-93.)