Chapter 9.85
TRUANCY
Sections:
9.85.040 Valid excuses for absence from school.
9.85.070 Enforcement against habitual truants.
9.85.080 Enforcement procedures—Notice to correct.
9.85.090 Responsibility of parent or other legal guardian.
9.85.100 Contents of warning notice.
9.85.010 Purpose and intent.
The purpose of this chapter is to promote and protect the public safety, health and welfare by reducing the incidence of juvenile criminal activity during daytime hours by providing local law enforcement with remedies to decrease unexcused absenteeism in schools within the city. This chapter is intended to encourage juveniles to take advantage of the educational opportunities available to them, and to improve the accountability of parents and other legal guardians for the attendance of their children in school. The anti-truancy provisions of this chapter are intended to complement rules established through the Folsom Cordova Unified School District, and the enforcement procedures established in this chapter are intended to be used in cooperation with the school attendance review board (or any successor thereto) established by the Folsom Cordova Unified School District. Nothing in this chapter is intended to repeal, reduce, or abridge any enforcement authority granted to a school district or a school attendance review board by California law, including but not limited to those remedies provided for in the California Education Code and the California Welfare and Institutions Code. (Ord. 862 § 2 (part), 1997)
9.85.020 Definitions.
As used in this chapter:
“Absent from school” means physical presence away from a public school facility during school attendance hours.
“Compulsory education” or “compulsory continuing education” shall have the meaning set forth in California Education Code Section 48200.
“School attendance hours” means and includes the hours designated as the length of the school day by the governing board of the school district.
“School attendance review board” means and includes any administrative panel established by the school district pursuant to the authority established in California Education Code Section 48321.
“School district” means and includes the Folsom Cordova Unified School District, or any successor school district that governs the operation of elementary and secondary schools within the city.
“Student” means and includes any person who is subject to compulsory education or to compulsory continuing education pursuant to requirements imposed by state law. (Ord. 862 § 2 (part), 1997)
9.85.030 Truancy prohibited.
It is unlawful for any student who is subject to compulsory education or to compulsory continuing education to be absent from school during school attendance hours unless such student has a valid excuse as specified in Section 9.85.040. (Ord. 862 § 2 (part), 1997)
9.85.040 Valid excuses for absence from school.
The prohibition set forth in Section 9.85.030 shall not apply if a student has one of the following excuses:
A. The student has in his/her possession a written excuse from the student’s parent or legal guardian or other adult person having the legal care or custody of the minor which provides a reasonable explanation for the student’s absence from school;
B. The student is in the company of his/her parent, legal guardian or other adult person having the legal care or custody of the student;
C. The student is on an emergency errand directed by the student’s parent, legal guardian or other adult person having the legal care or custody of the student;
D. The student is going to or returning directly from a medical appointment and can provide written verification of the medical appointment;
E. The student has permission from the school or the school district to be absent from a school campus, and has in his/her possession a valid, school-issued, off campus permit;
F. The student is going to or returning directly from a public meeting or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school approved activity for the student or the student is otherwise under the supervision of school personnel;
G. The presence of the student away from school is connected with or required by a school-approved or school-related business, trade, profession or occupation in which the student is lawfully engaged; or
H. The student is receiving instruction by a qualified tutor pursuant to California Education Code Section 48224, or is otherwise exempt from attendance at a public or private full-time day school as set forth in the California Education Code. (Ord. 862 § 2 (part), 1997)
9.85.050 Enforcement.
A. This chapter shall be enforced pursuant to the provisions of Chapters 1.08 through 1.10, inclusive.
B. The police chief or his/her designee shall enforce the provisions of this chapter. (Ord. 862 § 2 (part), 1997)
9.85.060 Penalties.
A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020. In addition to enforcement by any procedure set forth in Chapters 1.08 through 1.10, inclusive, any violation of this chapter shall be punishable as an infraction, which shall be punishable by a fine not to exceed $250.
B. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter. If the matter proceeds to a hearing, the administrative hearing officer may request findings and recommendations from the school attendance review board for the imposition of any penalty or remedial action that the school attendance review board may deem appropriate in addition to the remedies set forth herein. The administrative hearing officer shall make the final determination of the penalty after a hearing and, to the extent the administrative hearing officer relies upon the findings and recommendations of the school attendance review board, those findings and recommendations shall be incorporated in the written decision of the administrative hearing officer that is required by Section 1.09.048.
C. In addition to the criminal penalty set forth in Section 9.85.060(A), based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014, a violation of a provision of this chapter shall be deemed a Level A violation, as that term is described in Section 1.09.012, with the administrative sanction set at $250.
D. If the matter proceeds to a hearing, the hearing officer may impose 10 hours of community service to be performed under the supervision of the chief of police or his/her designee in lieu of any other penalty. Such community service shall be performed during times other than regular school hours. In deciding whether to allow community service, the hearing officer shall consider whether the student has any prior violations of this chapter. (Ord. 862 § 2 (part), 1997)
9.85.070 Enforcement against habitual truants.
Upon recommendation by the chief of police, the school board, the school attendance review board, or a probation officer, the city will cease enforcement action against a minor who is deemed eligible to be adjudged a ward of the court pursuant to the procedures established in California Welfare and Institutions Code Section 601, et seq. (Ord. 862 § 2 (part), 1997)
9.85.080 Enforcement procedures—Notice to correct.
A. Prior to the commencement of any enforcement action pursuant to this chapter, the enforcement authority shall issue a warning notice to the student and his/her parent, legal guardian or other person having the legal care or custody of the student. The warning notice shall be in substantially the form set forth in Section 9.85.100. The warning notice shall be served in person or pursuant to the procedures established in Chapter 1.09. The warning notice shall be in place of any notice to correct that is otherwise required by Chapter 1.09.
B. If a subsequent violation of this chapter occurs after the service of a warning notice, pursuant to Section 1.09.024(A), a notice of administrative violation shall be served in accordance with the provisions of Section 1.09.027 unless the police chief or his designee has determined to issue an infraction as provided for in Section 9.85.060(A).
C. The enforcement authority shall make a good faith effort to issue a warning notice prior to the issuance of a notice of administrative violation or citation for an infraction. However, the failure to serve a warning notice prior to the issuance of a notice of administrative violation or citation for an infraction shall not invalidate further enforcement proceedings under this chapter.
D. The rights to judicial review set forth in Sections 1.09.050 through 1.09.059, inclusive, shall apply. (Ord. 862 § 2 (part), 1997)
9.85.090 Responsibility of parent or other legal guardian.
A. No parent, legal guardian, or other person having legal custody or control of a student shall cause, permit or allow a student to violate the provisions of this chapter.
B. If a parent, legal guardian, or other person having legal custody or control of a student violates subsection A of this section, such person shall be subject to the penalties set forth in Section 9.85.060. In addition to the penalties set forth therein, the parent, legal guardian, or other person having custody or control of the student may be required to attend parenting classes approved by the school attendance review board. (Ord. 862 § 2 (part), 1997)
9.85.100 Contents of warning notice.
The warning notice required by Section 9.85.080 shall be substantially in the form attached to the ordinance codified in this chapter as Exhibit A, subject to revision by the chief of police as necessary. (Ord. 862 § 2 (part), 1997)
9.85.110 Cost recovery.
A. Determination by Court. In addition to the other penalties imposed by this chapter, if a court determines that a minor under 18 years of age is subject to civil or criminal liability based on violation of this chapter, it may provide that the parent(s) or legal guardian(s) of the minor shall be jointly and severally liable for the cost of providing law enforcement personnel to supervise the minor during his or her detention, over and above the cost of services normally provided by the city’s law enforcement agency.
B. Determination by Chief of Police. When the chief of police or designee thereof determines that the city’s law enforcement agency incurred costs over and above the cost of services normally provided by the agency in providing law enforcement personnel to supervise a minor during his or her detention for violation of this chapter, and when it has been determined by a court that the minor was civilly or criminally liable for such misconduct, the parent(s) or legal guardian(s) of the minor may be assessed, and billed for, such additional costs.
C. Appeal. Any person receiving a bill for law enforcement services pursuant to this chapter may, within 15 days after the billing date, file a written request appealing the imposition of the charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal the billing. Any appeal regarding such billing shall be heard by the city manager, or designee thereof, as the hearing officer. Within 10 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the law enforcement services shall be suspended until notice of the decision of the hearing officer is issued. If the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days after notice of the decision of the hearing officer. (Ord. 862 § 2 (part), 1997)