(A) Truancy Prohibited. It shall be unlawful for any student to be absent from school without a valid cause. Any student who shall absent himself from school without valid cause shall be guilty of truancy.
(B) Contributing to Truancy Prohibited. No person eighteen (18) years of age or older may, by act or omission, knowingly induce or attempt to induce any student to be absent from school in violation of this subchapter, or employ or harbor, while school is in session, any student absent from school in violation of this subchapter. In the absence of evidence to the contrary, a parent shall be deemed to have violated this section whenever all three (3) of the following events occur:
(1) A student has admitted to or been adjudicated to be in violation of subsection (A) of this section;
(2) The parent shall have received written notice of the event described in subsection (B)(1) of this section; and
(3) Within one (1) year of receipt of the notice described in subsection (B)(2) of this section, the same student admits or is adjudicated to be in violation of subsection (A) of this section for a second time.
(C) Emergency or unforeseen absence without the permission of his parent or legal guardian, because of illness or other cause beyond the control of such student, shall not constitute truancy within the meaning of this subchapter, provided such permission has been obtained in substance and is confirmed in writing by his parent or legal guardian to the proper school authorities within twenty-four (24) hours after such absence.
(D) Procedure. Any police officer who witnesses a person whom the officer reasonably believes to be in violation of this section may stop and detain the person for the purpose of verifying the person's identity, age, school enrollment and authority to be absent from school. The police officer shall immediately inform the person of the reason for the detention and that he or she will be released upon verification of authorization to be absent from school. Other than to transport the student to school or to his or her parent or legal guardian, the person shall not be removed from the scene of the investigatory stop unless he or she refuses to provide the officer with the necessary information. If the officer determines that the person is in violation of this division, he shall, if practical, transport the offender to school authorities or to the child's parent or legal guardian. In addition to any citation that might be issued to the student, the officer shall also notify the parent or legal guardian in writing of the offense.
(Ord. 03-2395, passed 2-11-03; Am. Ord. 06-2581, passed 6-27-06; Am. Ord. 11-2842, passed 7-26-11) Penalty, see § 132.72