[Adopted 8-1-2006 by Ord. No. 4020]
A. It shall
be unlawful for a parent, guardian, or other person having custody
of a child who is over the age of five years, and under the age of
18 years, to neglect or refuse to cause or compel such child to attend
and comply with the rules of some public, private or other school,
unless other means of education are provided for the full term the
schools of the district are in session or the child is excused as
provided in this article.
B. It shall
be unlawful for any minor who is over the age of 12 and under the
age of 18 years, who has not finished four years of high school work,
to neglect or refuse to attend and comply with the rules of some public,
private or other school, or receive an education by other means for
the full term the schools of the district in which the minor attends
are in session.
This article shall not apply:
A. If any such minor is prevented from attending school
by reason of mental or physical disability, as determined by the Board
of Education of the district upon a certificate of the school physician
or public health physician or, if no such physician is available,
a duly licensed and practicing physician;
B. If any such minor is excused from attendance at school,
due to an emergency, by the principal of the school in which the minor
is enrolled, at the request of the parent of the minor;
C. If any such child who has attained his or her 16th
birthday is excused from attending school by written, joint agreement
between:
(1) The school administrator of the school district where
the child attends school; and
(2) The parent, guardian or custodian of the child. Provided,
further, that no child shall be excused from attending school by such
joint agreement between a school administrator and the parent, guardian
or custodian of the child unless and until it has been determined
that such action is for the best interest of the child and/or the
community, and that said child shall thereafter be under the supervision
of the parent, guardian or custodian until the child has reached the
age of 18 years; or
D. If any such child is excused pursuant to Subsection
C of this section.
E. If any such minor is observing religious holy days
if, prior to the absence, the parent of the minor submits a written
request for the absence. The school district shall excuse a student
pursuant to this subsection for the days on which the religious holy
days are observed and for the days on which the student must travel
to and from the site where the student will observe the holy days.
A. An attendance
officer, any school administrator, or designee of the school administrator
who is employed by the school, or police officer may, except for children
being home schooled pursuant to Oklahoma Statutes, temporarily detain
and assume temporary custody of any child subject to compulsory full-time
education, during hours in which school is actually in session, who
is found away from the home of such child and who is absent from school
without lawful excuse within the school district that such attendance
officer, police officer or school official serves, if said school
district has previously approved the temporary detention and custody
pursuant to this article.
B. Any person
temporarily detaining and assuming temporary custody of a child pursuant
to this article shall immediately deliver the child either to the
parent, guardian, or other person having control or custody of the
child, or to the school from which the child is absent without valid
excuse, or to a nonsecure youth service or community center servicing
the school district, or to a community intervention center, as defined
by 10A O.S. § 2-1-103.
A. Any parent convicted of violating any provision in
this article shall be punished by a fine of $200, plus costs, or by
imprisonment for not more than 30 days, or by both such fine and imprisonment.
Each separate day of violation shall constitute a separate offense.
B. Any minor convicted of violating any provision in
this article shall be punished on the first offense by a fine of not
more than $50, on the second offense by a fine of not more than $100,
and on every subsequent offense by a fine of not more than $200, plus
costs. Each separate day of violation shall constitute a separate
offense.