A. Definitions. The following words and terms shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Where applicable, words used in the present tense include the future tense of the word and words in the singular include the plural form of the word:
CHRONIC OR HABITUAL TRUANT: A student who is subject to compulsory school attendance and who is absent without valid cause from such attendance for 5% or more of the previous 180 regular attendance days.
PARENT: Any person having legal custody of a student who is: a natural or adoptive parent; a legal guardian; a person who stands in loco parentis; or a person to whom legal custody has been granted by court order.
STUDENT: Any person subject to the provisions of compulsory school attendance, as set forth in subsection (B).
TRUANT: Any student who is absent from compulsory school attendance for a school day, or any part thereof without a valid cause.
VALID CAUSE: Any illness, observance of a religious holiday, death in the immediate family, family emergency, court appearance, situations beyond the student’s control as determined by the board of education in each school district or such other circumstances that cause reasonable concern to the parent for the student’s safety or health.
B. Compulsory school attendance. Whoever has custody or control of any student between the ages of six and 17 years of age (unless the student has graduated from high school) shall cause such student to attend a public, private, parochial or home school the entire time that school is in session during the regular school term and during any required summer school programs.
C. Exceptions to compulsory school/non-compulsory attendance. The following children shall be exempt from compulsory school attendance:
1. Any child who is physically or mentally unable to attend school as long as such disability is certified by a licensed physician; or
2. Any child who is lawfully employed and has been excused from attendance at school by the superintendent of schools pursuant to Section 5/26-1 of the Illinois School Code.
D. Truancy prohibited. It shall be unlawful for any student residing within the corporate limits of the Village or within the boundaries of any school district’s serving the Village to be absent from attendance at school during all or part of a school day during a time when school is in session without valid cause.
E. Parental responsibility. Each parent of a student residing shall be responsible for such student’s attendance at school. It shall be unlawful for a parent to knowingly or negligently permit or cause a student to be truant. A parent shall be considered to have knowingly or negligently permitted a student to be truant if the parent has actual knowledge or reasonable cause to know that the student has absented himself or herself from attendance during all, or part of, a school day during a time when school is in session and the parent fails to act to ensure that the student attends school and the classes in which he or she is enrolled.
F. Contributing to truancy. It shall be unlawful for any person to perform any act of commission or omission which act or omission encourages or contributes to the truancy of any student.
G. Penalty.
1. Persons who violate this section are guilty of a separate offense for each day or part of a day during which the violation is committed or continues to exist.
a. The first incident of truancy in the current school year shall be handled according to the policy and procedure of the school and by the school authorities in which the student is enrolled. The incident shall be documented and retained by the school district to be supplied to the court at any subsequent hearings for further violations of this chapter.
b. Any subsequent violations of any provision of this chapter in the current school year shall result in the student of the parent or legal guardian being appropriately cited.
2. Any student violating this chapter shall be sentenced to a fine not less than $75.00 and/or performing not less than ten hours community service hours for the first offense, not less than 20 hours community service hours for the second offense or more than 40 hours community service for each offense thereafter.
3. Any person violating the parental responsibilities or the contributing to truancy may be fined not less than $250.00 for a first offense nor more than $750.00 for each offense thereafter.
H. Community service may consist of manual labor assigned by the Village that the Village may deem suitable to help cause a positive behavioral change. Such community service shall not be scheduled during school hours on days when students are required to be in attendance in school.
I. Defenses to truancy. Those defenses and/or exceptions as set forth in the Illinois School Code for compulsory attendance or enrollment in school shall apply as a defense to this chapter.
J. Conflict. In the event of a conflict between the provisions of this chapter and the provisions of the Illinois School Code and/or the Juvenile Court Act of 1987, the provisions of the Illinois School Code and/or the Juvenile Court Act of 1987 shall prevail. (Ord. 12-07-21-06, 12-7-2021)