(a) If a child is suspended or expelled from school, then each parent or legal guardian of the child shall during the duration of the suspension or expulsion:
(1) Personally supervise the child, or arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and
(2) Prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
A. When the child is accompanied by the parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child; or
B. When the child is employed pursuant to an age and schooling certificate issued by the school authorities, during the times that the child is actually on the job or traveling directly to or from the job site; or
C. When the child is on an emergency errand; or
D. When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.
No person shall recklessly fail to fulfill the duties imposed by this division.
(b) No child who has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to division (a)(1) of this section.
(c) No child who has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances described in divisions (a)(2)A., (a)(2)B., (a)(2)C. or (a)(2)D.
(d) As used in this section, "public place" includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation or amusement.
(e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child that violates divisions (b) or (c) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person that recklessly fails to fulfill the duty imposed by division (a) of this section is guilty of failing to supervise a suspended or expelled child, a misdemeanor of the second degree for a first offense. Any person who is convicted of a second or subsequent offense for violating division (a) of this section is guilty of a misdemeanor of the first degree.
(Ord. 08-73. Passed 4-1-08.)