A. Truancy Prohibited: It is unlawful for:
1. Any parent, guardian, or other person who has custody of a minor child 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, who is subject to compulsory education of public, private or other school:
a. For said minor child to be absent from school during times as school is in session in excess of ten (10) unexcused absences each semester; and/or
b. To be absent from school during such times as school is in session four (4) or more days or parts of days within a four (4) week period without a valid excuse.
2. Any minor child over the age of twelve (12) years and under the age of eighteen (18) years to neglect or refuse to attend and be absent from school, when said child is subject to compulsory education of public, private or other school, during such times as school is in session:
a. In excess of ten (10) unexcused absences each semester; and/or
b. To be absent four (4) or more days or parts of days within a four (4) week period without a valid excuse.
B. Exceptions: The provisions of subsection A of this section shall not apply when:
1. The minor has in his or her possession a written excuse from the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor or otherwise being in loco parentis, which excuse provides a reasonable expectation, as determined by the court, for the minor's absence from school.
2. The minor is accompanied by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor or otherwise being in loco parentis.
3. The minor is on an emergency errand directed by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor or otherwise being in loco parentis.
4. The minor is going directly to, or returning directly from a medical appointment, a school sponsored extracurricular activity, a school sponsored educational activity, authorized employment, or other authorized event for which proper documentation may be shown.
C. Penalties:
1. Violation of subsection A of this section shall be punishable by a fine as follows:
a. For the first offense, a fine of not less than twenty five dollars ($25.00) nor more than fifty dollars ($50.00) or imprisonment for not more than five (5) days, or both such fine and imprisonment;
b. For the second offense, a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), or imprisonment for not more than ten (10) days, or both such fine and imprisonment; and
c. For the third or subsequent offense, a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00), or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.
2. 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 court, shall constitute a separate offense.
D. Court Proceedings; Appeals:
1. 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.
2. 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.
3. 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:
a. Verifying attendance of the child with the school;
b. Attending meetings with school officials;
c. Taking the child to school;
d. Taking the child to the bus stop;
e. Attending school with the child;
f. Undergoing an evaluation for drug, alcohol, or other substance abuse and following the recommendations of the evaluator;
g. Taking the child for drug, alcohol, or other substance abuse evaluation and following the recommendations of the evaluator, unless excused by the court; and
h. Individual or family counseling, including the child and all members of the immediate family or other persons as the court may order,
and court costs; provided, however, the court may suspend the fine, or any portion thereof, at the court's discretion.
4. Furthermore, the sentencing powers of the court shall include discretion in the sentencing of the minor for up to thirty (30) hours' community service by the minor under the same conditions as provided in subsection D2 of this section, or such other and further conditions as the court may proscribe.
5. Any appeal of the court's decision shall be made to the District Court as in other proceedings before the Municipal Court.
E. Parental Obligation To Attend Hearing: A minor cited for an infraction under this section shall be required to attend a court hearing on the infraction and shall be accompanied at the hearing by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor or otherwise being in loco parentis. If any such person fails to appear with the minor, the court shall continue the hearing and shall issue process to said person directing that person to appear at the continued hearing with the minor.
F. Liability For Costs: Upon conviction for the violation of truancy laws by a minor, the parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor or otherwise being in loco parentis shall be jointly and severally liable for the cost of providing the costs of detention, transportation, processing, medical treatment, and supervision of the minor incurred by the Town. The Municipal Court shall hold a hearing after notice to the necessary parties and make orders for the same as may be provided by law. The appeal of any order concerning costs under this subsection shall be made to the District Court of Mayes County as in other proceedings before the Municipal Court. (2018 Code)