A. It shall be unlawful for a parent, or guardian, or other person having custody of a child who is over the age of five (5) years and under the age of eighteen (18) years to neglect or refuse to cause or compel such child to attend some public, private or other school of the parents' choosing, unless other means of education are provided for the full term of the schools of the district the child resides. Full term is defined as the school's calendar year, to include the daily hours of instruction set by the school or other means of education the child attends.
B. It shall be unlawful for any child who is over the age of twelve (12) and under the age of eighteen (18) years, and who has not finished four (4) years of high school work, to neglect or refuse to attend some public, private or other school, or receive an education by some other means for the full term while the schools of the City of Grove are in session. Provided that this section shall not apply if any such child:
1. Is prevented from attending school by reason of mental or physical ability, to be determined by the Board of Education of the district upon a certificate or other documentation of the school physician or public health physician or, if no such physician is available, a duly licensed and practicing physician;
2. Is excused from school attendance, by the principal teacher of the school in which the child is enrolled, at the request of the parent, guardian, custodian or other person having control of such child, as demonstrated by proper documentation;
3. Who has attained his or her sixteenth birthday and is excused from attending school by the school administrator of the school district where the child attends school, and the parent, guardian, or custodian of the child, as demonstrated by proper documentation. Provided, that no child shall be excused from attending school by such agreement unless it has been determined such action is in the best interest of the child and/or community, and that such child will remain under the supervision of a parent, guardian, or custodian until the child has reached eighteen (18) years of age.
4. Has been adjudicated emancipated by a court of competent jurisdiction.
C. Any parent, guardian, custodian, or other person violating any of the provisions of this section, upon conviction, shall be guilty of a misdemeanor, and shall be punished as follows:
1. A fine no more than five hundred dollars ($500.00), or imprisonment for not more than ten (10) days, or both such fine and imprisonment.
D. Each day the child remains out of school after the oral and documented or written warning has been given to the parent, guardian, custodian, child or other person or the child has been ordered to school by the Juvenile Court shall constitute a separate offense.
E. At the trial of any person charged with violating the provisions of this section, the attendance records of the child or ward may be presented in court by any authorized employee of the school district.
F. The court may order the parent, guardian, or other person having custody of the child to perform community service in lieu of the fine set forth in this section. The court may require that all or part of the community service be performed for a public school district.
G. The court may order as a condition of a deferred sentence or as a condition of sentence upon conviction of the parent, guardian, or other person having custody of the child any conditions as the court considers necessary to obtain compliance with school attendance requirements. The conditions may include, but are not limited to, the following:
1. Verifying attendance of the child with the school;
2. Attending meetings with school officials;
3. Taking the child to school;
4. Taking the child to the bus stop;
5. Attending school with the child;
6. Undergoing an evaluation for drug, alcohol, or other substance abuse and following the recommendations of the evaluator; and
7. Taking the child for drug, alcohol, or other substance abuse evaluation and following the recommendations of the evaluator, unless excused by the court. (Ord. 722, 5-3-2016)
Notes
| 1 | 2. Similar provisions, 70 OS § 10-105. |