Chapter 9.35
TRUANCY FROM JOSEPHINE COUNTY SCHOOLS1
Sections:
9.35.020 Authority and purpose.
9.35.050 Violation proceedings.
9.35.010 Title.
This chapter shall be known as Truancy from Josephine County Schools. [Ord. 2019-004 §§ 1, 2.]
9.35.020 Authority and purpose.
A. The Board of Commissioners of Josephine County has authority to regulate matters of County concern within the County, under the provisions of the Constitution of the State of Oregon, the statutes of the state of Oregon, and the Charter of Josephine County.
B. This chapter applies to persons attending public schools located within Josephine County, including within the incorporated cities of Grants Pass and Cave Junction, the city councils of which have consented pursuant to ORS 203.040.
C. This chapter does not apply to persons attending private schools located within Josephine County, including within the incorporated cities of Grants Pass and Cave Junction.
D. The purpose of this chapter is to create rules and enforcement procedures intended to reduce incidents of truancy from public schools in Josephine County. It is in the best interests of a child to attend school regularly and complete the educational courses of study. [Ord. 2019-004 §§ 1, 2.]
9.35.030 Jurisdiction.
The Circuit Court for the State of Oregon for the County of Josephine has exclusive jurisdiction and venue over any and all violation proceedings of this chapter. (ORS 153.036.) [Ord. 2019-004 §§ 1, 2.]
9.35.040 Conduct prohibited.
A. Except as otherwise provided herein, all minors between the ages of six and 18 years who have not completed the twelfth grade are required to attend regularly the public full-time school in the school district where the minor resides. For the purposes of this section, “attend regularly” means to attend school in the school district where the minor resides on any day on which school is in session. It is unlawful for any minor between the ages of six and 18 years to fail to attend school regularly as required by this chapter.
B. Subsection (A) of this section does not apply to:
1. A minor being taught in a fully accredited private or parochial school in the courses of study usually taught in grades 1 through 12 of the public schools, if the minor is in attendance for a period equivalent to that required for children attending public schools;
2. A minor who proves to the satisfaction of the district school board that the minor has acquired knowledge equivalent to that acquired in the courses of study taught in grades 1 through 12 in the public schools;
3. A minor who has received a high school diploma;
4. A minor being taught by a private teacher the courses of study usually taught in grades 1 through 12 of the public schools, if the minor attends such instruction for a period equivalent to that required for children attending public schools;
5. A minor being educated in the minor’s home by the minor’s parent or legal guardian;
6. A minor excluded from school attendance as provided by law;
7. A minor granted an exemption from compulsory attendance by rule adopted by the State Board of Education;
8. A minor emancipated by a valid court order; or
9. A minor whose parent or legal guardian has provided to the school district a written notice of the minor’s absence. [Ord. 2019-004 §§ 1, 2.]
9.35.050 Violation proceedings.
A. When a police officer, Josephine County Juvenile Department officer or school enforcement officer has reasonable grounds to suspect that a minor between the ages of six and 18 is in violation of JCC 9.35.040, the officer may contact the minor and make such investigation as may be necessary and appropriate to determine whether the minor is in violation of JCC 9.35.040.
B. If a police officer, Juvenile Department officer or school enforcement officer has probable cause to believe that a minor between the ages of six and 18 is in violation of JCC 9.35.040 the officer shall notify the minor’s parents, legal guardians, or other persons having legal custody of the minor and the school officials of the school the minor attends or should attend. The notification shall include the date, time and circumstances of the encounter. The officer shall also send the notification to the Josephine County Juvenile Justice Department. The Juvenile Justice Department shall determine whether it is appropriate to file a petition in the Juvenile Court.
C. Every parent, legal guardian or other person having legal custody of a minor between the ages of six and 18 years when said minor has not completed the twelfth grade shall make every reasonable effort to prevent the minor from violating this chapter, and shall send the minor to and maintain the minor in regular attendance at a public school during the entire school term, except as otherwise provided herein. Police officers and officers of the Juvenile Justice Department of Josephine County may, when the officer considers the circumstances are appropriate, refer parents who fail to comply with this requirement to the District Attorney’s Office for prosecution. [Ord. 2019-004 §§ 1, 2.]
9.35.060 Severance.
In the event that any part of this chapter shall be held by a court to be invalid or unenforceable, the remaining sections shall be unaffected and shall remain in full force and effect. [Ord. 2019-004 §§ 1, 2.]
Code reviser’s note: Ord. 2019-004 adds the provisions of this chapter as Chapter 9.30. The chapter has been editorially renumbered to prevent duplication of numbering.