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It shall be unlawful for any minor within the Town of Lowell who is required by law to attend school and who is subject to the compulsory attendance requirement under Indiana law and enrolled in grades one through 12 in a public, private, or parochial school to be absent from school without good cause. "Good cause" for school absences shall include:
(A) Service on precinct election board or for political candidates or parties in compliance with I.C. 20-33-2-15;
(B) Witness injudicial proceeding in compliance with I.C. 20-33-2-16;
(C) Active duty with Indiana National Guard in compliance with I.C. 20-33-2-17;
(D) Participation with Indiana wing of civil air patrol in compliance with I.C. 20-33-2-17.2;
(E) Educationally related nonclassroom activity or other nonclassroom activity in compliance with I.C. 20-33-2-17.5;
(F) Illness or incapacity of minor with proper certification in compliance with I.C. 20-33-2-18;
(G) Religious instruction authorized by the school principal and in compliance with I.C. 20-33-2-19; and
(H) Other permission or authorization from the school where the minor is enrolled.
(Ord. 2016-09, passed 2-13-17)
It shall be unlawful for the parent of any minor to fail to exercise parental control, including the following:
(A) Knowingly failing, neglecting, or refusing to send the parent's child to school without good cause;
(B) Knowingly changing the minor's residence and failing to notify the minor's school of the new address.
(Ord. 2016-09, passed 2-13-17)
Truants will be initially identified and processed according to the policies of the minor's school or school district. Authorized representatives of any school within the town may refer instances of parental educational neglect to the Town Court by:
(A) Providing the town's law enforcement officer or code enforcement officer with an affidavit setting forth the circumstances of the conduct alleged to constitute parental educational neglect; and
(B) Designating the town's law enforcement officer or code enforcement officer to serve personal notice on the minor's parents.
(Ord. 2016-09, passed 2-13-17)
Before proceedings are instituted against a parent for a violation of this chapter, personal notice of the violation and the hearing date, time and location shall be served on the parent by one or more of the following means:
(A) Delivering a copy of the notice to the parent personally. Personal notice shall be treated as occurring under this subdivision on the date of delivery.
(B) Certified mail delivery of a copy of the notice to the parent. Personal notice shall be treated as occurring under this subdivision on the date of delivery.
(C) Leaving a copy of the notice at the last and usual place of the residence of the parent. Personal notice shall be treated as occurring under this subdivision on the date the notice is left at the residence.
(D) Additional notices of violation shall not be required for absences that occur prior to the hearing date stated in the notice; each day of violation constitutes a separate offense.
(Ord. 2016-09, passed 2-13-17)
(A) Upon receiving notice of a violation, the parent shall be required to appear for a truancy hearing and show cause why the parent should not be found in violation of this chapter.
(B) Each day of violation constitutes a separate offense.
(C) The Town Court may impose a fine of up to $100 and up to 50 hours of community service for each violation of this chapter. Any fines collected shall be used for operations of the Town Court to the extent permitted by law.
(D) If a parent fails to appear after proper notice, default may be established by the affidavit, testimony, or other evidence presented at the hearing and the parent may be found by default to have violated this chapter;
(E) In accordance with I.C. 20-33-2-44, subsequent violations of this chapter may be referred to the prosecutor for potential criminal charges against a parent as allowed by Indiana law for knowingly failing, neglecting, or refusing to send the parent's child to school without good cause.
(Ord. 2016-09, passed 2-13-17)