(A) Definitions: For the purpose of this section, the following terms, words and their derivatives shall have the following meanings:
LEGAL GUARDIAN: Shall include any foster parent, or person appointed guardian, or otherwise awarded custody, of a minor by a court of this state or any other state, or any person, appointed guardian or given custody of a minor under the Illinois juvenile court act, but shall not include any person appointed guardian only to the estate of a minor.
PARENT: Shall include the father and mother of a child whether by birth or adoption. In the event that the minor's parents are divorced or separated within the meaning of the Illinois marriage and dissolution of marriage act, 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: Illness, observance of a religious holiday, death in the immediate family, family emergency and other situations beyond the control of the minor as determined by the board of education or its lawful agents in each district or such other circumstances which cause reasonable concern to the parent for the health or safety of the minor.
(B) Truancy Prohibited: It shall be unlawful for any person under the age of eighteen (18), enrolled in a public or private or parochial school within the corporate limits of the village of Posen, to be absent from attendance at school without the permission of his or her legal guardian or parent having lawful physical custody or by the school in which the minor is enrolled. Any person who shall be absent shall be guilty of the offense of truancy and shall be subject to the penalties set forth in this section. Emergency or unforeseen absences due to illness or other causes beyond the control of the person absent from school without parental permission shall not constitute truancy if permission for such absences has been obtained from the guardian or parent with lawful physical custody, provided that such permission is submitted in writing to the proper school authorities within twenty four (24) hours of the next school day after such absence.
(C) Parental Responsibility: It shall be unlawful for a parent or legal guardian to permit his or her minor child or ward to violate this section.
(D) Penalty:
1. The first incident of truancy shall be handled according to the policies and procedures of the school and by the school authorities in which the minor 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 section.
2. Any subsequent violations will result in the minor and/or the parent or legal guardian being appropriately cited and brought before the court. Conviction for said offense can result in a fine of not less than fifty dollars ($50.00), but not more than five hundred dollars ($500.00) per violation. In addition to, or in lieu of, the penalties set forth in this subsection (D)2 the violator may be required by the court to serve a period of community service as described in subsection (D)3 of this section.
3. Any person that shall violate any of the provisions of this section may be required, in lieu of a fine, to perform a period of community service not to exceed seventy two (72) hours per violation. Community service may consist of manual labor assigned by the village to be done in the village or any cause or project that the village may deem suitable to help cause a positive behavior change. Such community service shall not be scheduled during school hours on days when students are required to be in attendance in school. (Ord. 2002-22, 11-12-2002)