(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Madison, Illinois.
PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate or any other legal entity or their legal representative, agent or assigns.
TRUANT. A child subject to compulsory school attendance and who is absent without valid cause from the attendance for a school day or portion thereof.
VALID CAUSE FOR ABSENCE. Illness, death in the immediate family or family emergency and shall include such other situations beyond the control of the student, as determined by the Board of Education in each district, or other circumstances which cause reasonable concern to the parent for the safety or health of the student.
(B) Compulsory school age; exemptions.
(1) Every child between the ages of seven and 16 years shall attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in ILCS Ch. 105, Act 5, § 10-19.1, as amended; provided, that the following children shall not be required to attend the public schools:
(a) Any child attending a private or a parochial school where children are taught the branches of education taught to children of corresponding age and grade in the public schools and where the instruction of the child in the branches of education is in the English language;
(b) Any child who is physically or mentally unable to attend school, the disability being certified to the County Superintendent of Schools or the Superintendent of the Public Schools, which the child should be attending by a competent physician; or who is excused for temporary absence for cause by the principal or teacher of the school which the child attends; (The exemptions in this division (B)(1)(b) do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of the complication is certified to the County Superintendent of Schools or the Superintendent of the Public Schools which the child should be attending by a competent physician.)
(c) Any child necessarily and lawfully employed according to the provisions of the law regulating child labor may be excused from attendance at school by the County Superintendent of Schools or the Superintendent of the Public School which the child should be attending, on certification of the facts by and the recommendation of the School Board of the Public School District in which the child resides; and (In districts having part time continuation schools, children so excused shall attend such schools at least eight hours each week.)
(d) Any child over 12 and under 14 years of age while in attendance at confirmation classes.
(2) Whoever has custody or control of any child between the ages of seven and 16 years shall cause the child to attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in ILCS Ch. 105, Act 5, § 10-19.1, as amended.
(C) Enrolled pupils below seven or over 16.
(1) Every child who is below the age of seven years or above the age of 16 years and who is enrolled in any of grades 1 through 12 in the public school shall attend the public school in the district wherein he or she resides when it is in session during the regular school term unless he or she is excused under divisions (B)(1)(a) through (d) above.
(2) Any person having custody or control of a child who is below the age of seven years or above the age of 16 years and who is enrolled in any grade one through 12, in the public school shall cause him or her to attend the public school in the district wherein he or she resides when it is in session during the regular school term unless he or she is excused under divisions (B)(1)(a) through (d) above.
(D) Punishment for certain offenses. Any person who induces or attempts to induce any child to be absent from school unlawfully, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school for one or more consecutive school days, is guilty of violations of this section.
(E) Presumptions. Whenever a child subject to the provisions of this section is truant, the presumption is created that the person having custody or control of the child knowingly and willfully permitted the child to be truant, but that presumption may be rebutted.
(F) Construction. The provisions of this section shall in no way be construed to limit or reduce the authority granted to the respective school officers, teachers or truant officers in the Illinois School Code, ILCS Ch. 122, Act 26, as amended.
(Ord. 1035, passed 10-25-1983) Penalty, see § 130.99