§ 32-113. Children of compulsory school age to be in attendance at school; parental duty imposed.

(a)

No child between the ages of seven and 16 years, inclusive, other than a child that has been suspended or expelled from school shall be at any place within the unincorporated areas of the parish except in attendance at school between the hours of 8:30 a.m. and 2:30 p.m. during any school day as defined by the parish school board, unless the child has written proof from school authorities excusing him from attending school at the particular time, or, unless the child is accompanied by a parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child or is otherwise lawfully excused from being present in school.

(b)

Each parent or legal guardian of a child between the ages of seven and 16 years, inclusive, shall have a duty to prohibit the child from behaving contrary to subsection (a) of this section. No person shall negligently fail to fulfill the duty imposed by this subsection (b).

(c)

It shall be an affirmative defense to subsections (a) and (b) of this section that the child, at the time he was found at a place other than in school, was not required by law to be in attendance at school.

(d)

It shall be an affirmative defense to subsection (b) of this section that the parent or legal guardian initiated the jurisdiction of the juvenile court against the child prior to the time that the child was found violating subsection (a) of this section.

(e)

Any law enforcement officer or school attendance officer may transport any child found violating this section to the child's residence and may release the child into the care of a parent or court appointed tutor or legal guardian, to the school the child usually attends, or to any location designated by the authorities of the school which the child usually attends as a receiving center for such children, the choice of destination to be made at the discretion of the law enforcement officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.

(f)

Any child who violates a provision of this section shall be subject to the jurisdiction of the juvenile court.

(g)

If a child found to be in violation of this section refuses to follow the direction of the law enforcement officer or provide the school attendance officer his correct name and address and the correct name and address of his school or if the child has on a previous occasion been informed of a violation of this section, he shall be taken into custody and the parent, tutor or other adult person having the care and custody of the child shall be notified to come and take charge of the child. If the parent, tutor or other adult person cannot be located or fails to come and take charge of the child, the child shall be released to the juvenile authorities. If the juvenile authorities fail to take charge of the child, the child shall be returned to his home or usual place of abode. The child shall be issued a citation directing the child and the parent or tutor or court appointed legal guardian to appear in the juvenile division of the parish sheriff's office.

(h)

Any child violating the provisions of this section shall be dealt with in accordance with all appropriate provisions of the state children's code.

(i)

If a child is found in violation of this section, on the third or subsequent occasion, within a 365-day period, the parent, tutor or other court appointed legal guardian or other adult person having the care and custody of the child, after having previously been notified of these violations, shall be guilty of negligently failing to supervise a child of compulsory school age, a misdemeanor, subject to the jurisdiction of the district court and be fined not more than $500.00 for each offense or sentenced to not more than 60 days in jail or both.

(Code 1985, § 15-20; Ord. No. 3858, 2-1-2001)

State law reference

School attendance, compulsory ages, duty of parents, R.S. 17:221; exemptions from compulsory school attendance, R.S. 17:226.