Chapter 9.05
TRUANCY FROM CROOK COUNTY SCHOOLS
Sections:
9.05.015 Authority and purpose.
9.05.010 Title.
This chapter shall be known as “Truancy From Crook County Schools.” (Ord. 338 § 1, 2023)
9.05.015 Authority and purpose.
(1) The Crook County court has authority to regulate matters of county concern within the county, under the provisions of the Constitution of the state of Oregon and the revised statutes of the state of Oregon.
(2) This chapter applies to students in kindergarten (K) through twelfth grades, enrolled in a full-time public school located within Crook County, including the incorporated city of Prineville, the city council of which has consented pursuant to ORS 203.040.
(3) This chapter does not apply to students attending private schools located within Crook County.
(4) The purpose of this chapter is to create rules for enforcement procedures intended to reduce the incidents of truancy within public schools in Crook County. It is in the best interest of a student to attend school regularly and complete the educational courses of study. (Ord. 338 § 1, 2023)
9.05.020 Jurisdiction.
The Crook County circuit court has jurisdiction and venue over infractions and proceedings in this chapter. (Ord. 338 § 1, 2023)
9.05.025 Definitions.
(1) “Chronically absent” or “chronic absenteeism” means a student is not attending school for 10 percent or more school days in a school year.
(2) “Law enforcement official” means Crook County sheriff deputy, Prineville police officer, school resource officer, or any person that meets the definition of peace officer under ORS 161.015(4).
(3) “Public school in Crook County” or “school” means a full-time school operated by Crook County School District.
(4) “Responsible adult” means a person at least 18 years of age, who is the parent, guardian, or other authorized adult to have the care or custody of a student.
(5) “School official” means any personnel appointed or designated by a school or the Crook County School District, including but not limited to principal, vice-principal, superintendent, resource officer, or truancy enforcement specialist.
(6) “Student” means a minor between the ages of five and 17 or an 18-year old person who has not completed the twelfth grade and is enrolled in a public school in Crook County. (Ord. 338 § 1, 2023)
9.05.030 Prohibited conduct.
(1) Except as otherwise provided herein, students are required to attend school regularly. It is unlawful for a student to be chronically absent from school as described in this chapter.
(2) Every responsible adult having the custody or care of a student shall make every reasonable effort to assist the student to comply with this chapter, and shall send the student to school and maintain the student in school so that the student is not chronically absent.
(3) This chapter does not limit or supersede any provisions of Oregon law, which exempts certain children from compulsory school attendance (ORS 339.030); neither does this ordinance limit the duties, powers, and responsibilities of public school officials. (Ord. 338 § 1, 2023)
9.05.035 Proceedings.
(1) A law enforcement official or school official may issue a citation to a student and responsible adult for violating this chapter as set out in CCC 9.05.030.
(2) Prior to issuing a citation, a school official shall provide the student and responsible adult with written notification to include the following:
(a) The student is required to attend school, and the student is deemed chronically absent in violation of this chapter and Oregon Administrative Rule.
(b) The failure of a responsible adult to send the student to school and maintain the student in school so that the student does not miss greater than 10 percent of school days is a violation of this chapter.
(c) The student and responsible adult may be cited to the Crook County circuit court for chronic absenteeism under this chapter.
(d) The student and responsible adult must attend a conference with a designated school official on a specified date and time where expectations for the student’s regular attendance at school will be outlined.
(e) The student and responsible adult have the right to request an evaluation if the student is not on an individualized education program (IEP). If the student is on an IEP, the right to request a review of the IEP.
(3) Following the notification and process in subsection (2) of this section, if the student remains chronically absent in violation of this chapter or the student or responsible adult fails to attend the conference described in subsection (2)(d) of this section, an infraction citation will be issued. The citation will direct the student, if the student is in grades four through 12, and the responsible adult to appear at the Crook County circuit court on a date and time certain.
(4) If a responsible adult fails to appear at the date and time on the citation, the circuit court shall continue the matter and issue an order to show cause for the responsible adult to appear. A warrant will be issued for the responsible adult who fails to appear at the show cause proceeding. (Ord. 338 § 1, 2023)
9.05.040 Penalties.
(1) Order to Attend School. Upon finding a violation of this chapter, the circuit court shall order the student to attend school and not miss 10 percent or more of school days; and order the responsible adult to send the student to school and maintain the student in school so that the student misses fewer than 10 percent of school days.
(2) Conditions. In addition to the order to attend school, the circuit court will impose conditions the student, responsible adult, or both must meet or comply with for violating this chapter. Conditions imposed by the circuit court may include, but are not limited to:
(a) Set future dates and times for the student and responsible adult to personally appear and provide progress reports demonstrating the student’s proof of attendance, current grades, other school-related information requested by the circuit court, and compliance with other conditions, if any.
(b) At the expense of the responsible adult, order the student, the responsible adult, or both, to complete age-appropriate and relevant classes, groups, or programs in Crook County or online, including but not limited to: a parent mentor program; support groups that promote mental, behavioral, and emotional wellness; wraparound; job assistance; community and mental health services; truancy intervention classes; and academic classes for the student after school or on the weekend.
(3) Civil Penalty. Impose a civil penalty on the responsible adult for an initial infraction up to $500.00 for the first offense, and $500.00 for each subsequent offense.
(4) The circuit court, school official, or a law enforcement official will, when the circumstances warrant, refer a responsible adult to the Crook County district attorney’s office for prosecution in Crook County circuit court under ORS 163.577(1)(c). (Ord. 338 § 1, 2023)
9.05.045 Separate offense.
Each violation of this chapter shall be deemed a separate offense. (Ord. 338 § 1, 2023)
9.05.050 Severability.
In the event that any part of this chapter shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining sections shall be unaffected and remain in full force and effect. (Ord. 338 § 1, 2023)