Inyo County Municipal Code Ch. 9.68 School Truancy Prohibited

A. State law requires all persons between the ages of six and seventeen to attend school. Regular school attendance provides important benefits not only to the students themselves but also to the health, safety, and welfare of all residents within the county. Regular school attendance promotes employability upon graduation and reduces delinquency, as well as the potential for future dependence upon public assistance.

B. The community as a whole suffers when a minor student is not attending school. Truancy or unexcused absenteeism from school results in a loss of educational opportunities to the student and a loss of revenue to the school. Truancy also often leads to vandalism, petty theft, daytime burglaries, and other criminal activity. Truants often tend to loiter in and about public places. Frequently, persons going about their lawful business, as well as public property, become the targets of the delinquent behaviors of the truants.

C. It is the intent of the county of Inyo, by this ordinance and in cooperation and coordination with the Truancy Prevention and Enforcement Programs of the Inyo County Superintendent of Schools, and the school districts of the county, to establish and enforce a curfew upon minors of school age on school days during the hours between nine a.m. and two p.m., and during all other times when students are supposed to be in school. This chapter is designed to provide protection for the community and public property from the deleterious effects of truancy. This chapter is not intended to abridge or interfere with the lawful rights of parents or other legal guardians or to contravene or supersede the laws of the state of California dealing with such matters.

(Ord. 1146 § 1, 2009)

It shall be unlawful for any minor under the age of eighteen years, who is subject to compulsory full-time education or to compulsory continuation education, to loiter, idle, wander or to aimlessly remain without any visible purpose, reason or explanation for such conduct, to be in or upon any public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement or entertainment, or vacant public lots between the hours of nine am. and two p.m. and/or during all other times when students are supposed to be in school, on days when school is in session, as defined herein, with-in the unincorporated areas of the county of Inyo. This section shall also apply to minors whose enrollment is that of suspension, expulsion, or transfers in progress.

(Ord. 1146 § 1, 2009)

For the purposes of this section, the following words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended:

"Absent from school"

shall mean being found away from their school facility, home school locations, or private school facility between the hours of nine a.m. and two p.m. on days when the local public school is in session, and during all other times when students are supposed to be in school, on days when their public or private school is in session.

"Compulsory education or compulsory continuing education"

shall have the meaning set forth in California Education Code Sections 48200, et seq.

"Emergency"

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

"Guardian"

means:

A person who, under court order, is the guardian of the person of minor; or

An authorized representative of a public or private agency with whom the minor has been placed by court order; or

A person at least eighteen years of age exercising care and custody of the minor and having written authorization to do so from the child's parent or legal guardian.

"Minor"

shall mean any person the ages of six through seventeen years of age, inclusive.

"Parent"

means a person who is a natural parent, adoptive parent, or step-parent of a minor, who has the right of legal custody.

"Public place"

means any place to which the public or substantial group of the public has access including, but not limited to, streets, highways, parks, playgrounds, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theaters, game rooms, stores, shops, shopping malls, or any other public place of business.

"School Attendance Review Board" (SARB)

shall mean and include any administrative panel established by a school district governing the operation of secondary schools within the county.

"Street"

means any way or place, of whatever nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way including, but not limited.

(Ord. 1146 § 1, 2009)

Section 9.68.020 shall not apply if a minor has one of the following circumstances:

A. The minor is with and under the direct supervision of one or more of their parents or legal guardians.

B. The minor is going directly to or returning directly from an event or activity sponsored, sanctioned, or arranged by his or her school in which the minor is authorized to participate, or the minor is otherwise under the supervision of school personnel.

C. The minor is absent in connection with or required by school-approved or school-related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as a work-study or work experience program, subject to verification by a proper school authority.

D. The minor has written permission from the school district to be absent from a school campus, and has in his or her possession a valid, dated, school-issued off-campus permit.

E. The minor is traveling directly to or from a medical appointment or that of the minor's dependent child, provided the minor has possession of a written, dated verification of the medical appointment.

F. The minor's own illness.

G. The minor is subject to lawful quarantine order.

H. The minor is authorized to be absent pursuant to the provisions of California Education Code Section 48205(a), or any other applicable state or federal law.

I. The minor is on an emergency errand on behalf of his or her parent, or on behalf of a responsible adult for a specific purpose or on behalf of school authorities for a school-related purpose and the errand involves no detour or stops along the way.

J. The minor is on the sidewalk outside the place where the minor resides.

K. The minor is engaged in a speech or religious rights activity protected by the United States or California Constitution, such as the free exercise of religion, freedom of speech, and the right to peaceful assembly.

L. The minor is on his or her authorized lunch period.

M. The minor is on a specialized school schedule.

N. The minor is married or emancipated in accordance with California Family Code Sections 7000, et seq.

O. The minor is going to, participating in, or returning from a visit to a college or university for purposes of determining which college or university to attend, or is attending such college or university as an enrolled student.

P. The minor is home schooled under a private school instruction affidavit in accordance with Education Code Section 33190.

(Ord. 1146 § 1, 2009)

The violation by a minor of any of the provisions of this section shall be deemed an infraction. A minor in violation of this section shall be subject to the following penalties:

A. Upon a minor's first violation of this section, the issuance of a citation by any peace officer advising the minor of the opportunity to clear the violation without further proceedings by paying a penalty sanction in the amount of twenty-five dollars, plus court costs and assessments, and/or by successfully performing twelve hours of supervised community service during non-school hours, as approved by the court.

B. Upon a minor's second violation of this section occurring within a twelve month period, the issuance of a citation by any peace officer advising the minor of the opportunity to clear the violation without further proceedings by paying a penalty sanction in the amount of fifty dollars, plus court costs and assessments, and/or by successfully performing twenty-four hours of supervised community service during non-school hours, as approved by the court.

C. Upon any third or subsequent violation of this section occurring within a twelve month period, the issuance of a citation by any peace officer advising the minor of the opportunity to clear the violation without further proceedings by paying a penalty sanction in the amount of seventy-five dollars, plus court costs and assessments, and/or by successfully performing thirty-six hours of supervised community service during non-school hours, as approved by the court.

(Ord. 1146 § 1, 2009)

A. Before taking enforcement under this section, a peace officer shall inquire of the minor as to his or her age and reason for being out in a public place during school hours. No citation shall be issued if the officer is reasonably satisfied that the minor is in a public place during school hours for one of the exceptions provided herein. If the officer is not reasonably satisfied that such is the case, then a citation may be issued.

B. A peace office may detain or assume temporary custody, during school hours pursuant to the provisions of the California Education Code Section 48264, of any minor subject to compulsory full-time education or to compulsory continuation education away from his or her city or any school district therein.

C. This chapter is not enforceable on property owned by the United States and held in trust as a reservation for a federally recognized Indian Tribe.

(Ord. 1146 § 1, 2009)

This chapter shall become effective on August 1, 2009, and shall remain in effect until repealed.

(Ord. 1146 § 1, 2009)