16-009A. - Truancy for Compulsory School Age Minors.

Truancy for compulsory school age minors, is hereby adopted and made a part of the Revised Ordinances of Tremonton City Corporation. (1)

Definitions. In this section:

Assigned school location means the location where a student would be assigned, registered, or released to attend during compulsory school time when the class or activity is in session, and the student is under the control or supervision of school authorities or other recognized supervision. Further defined as the authorized presence, for a reasonable time or direct authorized passage to and from an area where the student would be involved in dealing with school or personal business.

Authorization means a permission slip given by a school authority to excuse a student from being in the usual assigned school location in accordance with school policy, or a note from the parent or guardian giving permission for the student to be absent from class. The permission slip must be in the immediate possession of the student whenever not at the expected school location.

Compulsory school age minor means a person between six and eighteen years of age that is not exempted and must be attending a pubic or regularly established private school during the school year of the district in which the minor resides pursuant to Utah Compulsory Education Requirements, U.C.A. 53A-11-101 to -106.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious injury or loss of life.

Establishment means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

Guardian means: (i)

Person who, under court order, is the guardian of the Person of a minor; or

(ii)

A public or private agency with whom a minor has been placed by a court.

Minor means any person under 18 years of age.

Open Campus means when a compulsory school age minor is allowed by school officials to leave school for lunch purposes.

Operator means any individual, firm, association, partnership, or corporation, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent means a person who is: (i)

A natural parent, adoptive parent, or step-parent of another person; or

(ii)

At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

Public Place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, office and commercial buildings, public transit buses and property, and apartment houses.

Remain means to: (i)

Linger or stay; or

(ii)

Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

Serious bodily injury means bodily injury that creates a substantial risk of death that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Truancy hours means those hours in which a compulsory school age youth should be attending school in the district or jurisdiction in which the student attends school.

(2)

Offenses:

(a)

A compulsory school age minor commits an offense if he or she remains in any public place, is not in his assigned location at school or is on the premises of any establishment within the city limits during truancy hours.

(b)

A parent or guardian of a minor commits an offense if he or she knowingly permits, aides, encourages or allows a compulsory school age minor, or minor, to remain in any public place or on the premises of any establishment within the city during truancy hours, or if a parent or guardian of a minor fails within 14 days to comply with the instructions to contact school authorities upon receipt of notification by certified letter from the city, that his or her child has received a truancy citation.

(c)

Any person commits an offense if he or she engages in any conduct for the purpose of, or resulting in inducing any compulsory school age minor to leave or be absent from said compulsory school age minor's assigned school location during truancy hours.

(3)

Defenses:

(a)

It is a defense to prosecution under Subsection (1) that the compulsory school age minor was:

(i)

Accompanied by the minor's parent or guardian;

(ii)

Involved in an emergency;

(iii)

Following school policy regarding open campus for lunch, off campus school-approved classes and activities, or any other legitimate school sanctioned off-campus function, and has on his/her person legal authorization of permission by the school or his/her parent or guardian; or

(iv)

Married or had been married or had disabilities of minority removed in accordance with state law.

(b)

It is a defense to prosecution under Subsection (2)(b) that the parent or guardian of a compulsory school age minor has met in cooperation with the proper school authorities within 14 days of notification in response to each certified letter from the city notifying them that their child has received a truancy citation.

(c)

It is a defense to prosecution under Subsection (2)(c) that the owner, operator, or employee of an establishment, or owner of a private residence, promptly notified the police department that a compulsory school age minor was present on their premises during truancy hours and refused to leave.

(4)

Enforcement: Before taking any enforcement action under this section, an identified police officer shall ask the apparent offender's age and reason for being in the public place. The city will notify the parent or guardian of a compulsory school age minor by certified letter when a truancy citation is issued to said minor. The letter will request that the parent and truant student meet in cooperation with school officials to address their shared truancy concerns. Copies of the letter will be given to the school principal and the school resource officer.

(5)

Penalties: A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted and shall be subject to the fine amount and severity of punishment contained in the City's Consolidated Bail Schedule, adopted by Resolution of the City Council.