A. Definitions:
LEGAL GUARDIAN: Any foster parent, or any person appointed guardian, or otherwise awarded custody of a minor by a court of law in this State, or any person appointed guardian or given custody of a minor under the Juvenile Court Act (705 ILCS 405/1-1 et seq.), but shall not include any person appointed guardian only to the estate of a minor.
PARENT: The father or mother of a minor child, whether by birth or adoption. In the event that the minors’ parents are divorced or separated within the meaning of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101 et seq.), the parent having lawful physical custody of the minor shall be deemed to be the parent authorized to give consent as required by this section.
VALID CAUSE: For absence shall be illness, observance of a religious holiday, death in the immediate family, 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 such other circumstances which cause reasonable concern to the parent for the safety or health of the student.
(1987 Code § 14-78)
B. Truancy Prohibited: It shall be unlawful for any person who is required by law to attend school and who is subject to the compulsory attendance requirements of the Illinois School Code and enrolled in grades 1 through 12 in a public, private (including a home school), or parochial school to absent themselves from attendance at school during the hours in which they are enrolled without valid cause or the permission of a parent, legal guardian, or the school in which they are enrolled. Any person who shall so absent themselves shall be guilty of the offense of truancy and shall be subject to the penalties set forth in this section.
C. Exemptions: In addition to being absent for valid cause, as defined in subsection A of this section, a minor shall not be considered truant where he or she is:
1. Accompanied by a parent, legal guardian or school official;
2. Engaged in approved school related activities;
3. Engaged in lawful employment; provided, that the School Board of the public school district in which that child resides has recommended the employment and has certified the facts concerning such employment;
4. Physically or mentally unable to attend school due to a disability and such disability has been certified in accordance with section 26-1(2) of the Illinois School Code; or
5. Subject to any other defense and/or exception set forth in the Illinois School Code (105 ILCS 5/1-1 et seq.) for compulsory attendance or enrollment in school.
(1987 Code § 14-80)
D. Parental Responsibility: It shall be unlawful for any parent, legal guardian or other person to permit a person in their custody or control to commit the offense of truancy.
E. Contributing To Delinquency: It shall be unlawful for any person eighteen (18) years of age or older to perform any act of commission or omission which encourages or contributes to the truancy of any person.
(1987 Code § 14-82)
F. Penalty: A truant who is thirteen (13) years of age or older, or their parent(s), guardian(s) or legal custodian(s), but not both, who violate the provisions of this section is subject to a fine according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties. The parent(s), guardian(s) or legal custodian(s) of a truant who is under thirteen (13) years of age is subject to a fine according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties if the minor, or their parent(s), guardian(s) or legal custodian(s), violate the provisions of this section.
(Ord. 19-1186, 2-18-2019; amd. Ord. 22-40, 6-20-2022)