(A) (1) This division (A) shall be known as and may be cited as the “Mandatory School Attendance and Educational Neglect Ordinance” of the city.
(2) Every parent, guardian or other person in the city having control and charge of a child from the age of six to the child’s sixteenth birthday shall send that child to school during the entire school year. The child’s attendance shall be continuous and consecutive for the school year fixed by the school district in which the child is enrolled. A child becoming six years of age before December 1 shall be enrolled on the first school day of the school year in which the child’s sixth birthday occurs.
(3) (a) No person having the care, custody or control of a child is required to be enrolled in, or is enrolled in school, shall fail to properly supervise or care for such child where such failure of supervision or care, causes the child to:
1. Fail to attend school regularly, consecutively or on time at the start of the school day, unless valid excuse is provided, according to the attendance policy of the school district;
2. Have continued discipline, misconduct or inappropriate behavior of said child at school; or
3. Have continued violations of the adopted school student codes of conduct by the child.
(b) If a person is responsible for divisions (A)(3)(a)1., (A)(3)(a)2. and/or (A)(3)(a)3. above, said person shall be presumed to be in violation of this division (A), and where such person as defined above, shall fail to participate in, or comply with, the corrective measures adopted by the school district for the attendance, discipline, misconduct, behavior or student code of conduct of the child, shall be a failure to properly supervise or care for such child.
(4) The Superintendent of Schools in the city, his or her designated attendance officer, or other law enforcement officer, shall investigate each case when notified by a teacher, principal, assistant principal, school officer or other person, of a violation of division (A)(3) above. If the child complained of is not exempt from public school attendance under state law, the Superintendent of Schools in the city, his or her designated attendance officer or other law enforcement officer shall proceed immediately in the manner provided in this division (A):
(a) The Superintendent of Schools in the city, his or her designated attendance officer or other law enforcement officer may notify in writing, the parent/guardian in person, or by certified mail, to come to the school or to a place designated at a specified time to discuss the child, as well as requiring the child appear at the school the next regular school day following the receipt of notice, and to continue in regular and consecutive attendance in school. Proof of service of the required notice shall be retained by the Superintendent of Schools in the city or his or her designated attendance officer, or other law enforcement official, who shall notify the appropriate school officials in case of failure on the part of the parent/guardian to comply with the notice; and
(b) If, after a conference with a parent/guardian that has care, control or custody of a child, has not resulted in compliance of division (A)(3) above.
(5) The Superintendent of Schools in the city, his or her designated attendance officer, or other law enforcement officer, after giving the formal notice in person, or by mail as prescribed in division (A)(4) above, shall determine whether the parent/guardian has complied with division (A)(3) above. The Superintendent of Schools in the city, his or her designated attendance officer, or other law enforcement officer, shall ticket or make a complaint against the parent/guardian having the legal care, custody or control of the child who fails to comply to the court having jurisdiction in the city. The court shall proceed to hear and determine it in the same manner as is provided for other cases under its jurisdiction.
(6) All school personnel, principals, assistant principals, administrators and teachers shall give assistance and furnish information to aid the Superintendent of Schools in the city or his or her designee in the performance of their official duties under this division (A).
(Prior Code, § 25-10.1)
(B) (1)
Except as otherwise provided in division (B)(3) below, it shall be unlawful for any person under the age of 19 years of age to be absent from school or to have excessive tardies during regularly scheduled hours in the city.
(2) Division (B)(1) above does not apply to the following:
(a) Those persons who have written permission from the school principal or his or her designee to be absent;
(b) Those persons who are going to or from a scheduled doctor’s or dentist appointment;
(c) Those persons attending personal business or emergency situations, such as but not limited to, weddings, funerals and the like; or
(d) Those persons attending school sponsored activities and sporting events in which they are directly involved.
(3) This division (B) may be enforced by the city’s Police Department and school attendance officer; provided, however, that, all appearance tickets or citations written in violation of this division (B) shall be coordinated through the city’s Police Department.
(Prior Code, § 25-10.2)
(Ord. 879, passed 3-5-1990; Ord. 997, passed 7-17-1995; Ord. 1135, passed 12-10-2001; Ord. 1438, passed 12-5-2016; Ord. 1469, passed 2-25-2019; Ord. 1470, passed 2-25-2019; Ord. 1513, passed 6-21-2021; Ord. 1514, passed 6-21-2021)
Penalty, see § 150.999