(A) It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education by statute or court order to be absent without valid cause from such attendance for a school day or portion thereof.
(B) It is unlawful for any parent, custodian or guardian of a minor to knowingly permit, or by insufficient control, to allow the minor to be absent without valid cause from such attendance for a school day or portion thereof.
(C) It is a defense to a violation under divisions (A) and (B) above if the child engaged in the prohibited conduct while:
(1) Accompanied by the child’s parent, guardian or custodian;
(2) Accompanied by an adult specified by the child’s parent, guardian or custodian;
(3) Participating in, going to or returning from:
(a) Lawful employment;
(b) A school-sanctioned activity;
(c) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(d) A religious event;
(e) An activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or the Constitution of the state, or both, such as freedom of speech and the right of assembly; or
(f) An activity conducted by a non-profit or governmental entity that provides recreation, education, training or other care under the supervision of one or more adults.
(4) Engaged in interstate or international travel from a location outside the state to another location outside the state.
(1994 Code, § 132.22) (Ord. 07-05, passed 6-11-2007) Penalty, see § 132.99