§ 32-114. Children suspended or expelled from school.

(a)

If a child is suspended or expelled from school in the parish, then each parent, tutor, person with the guardianship of the person of the child as defined by the Louisiana Children's Code art. 116 (Ch. C. art. 116) or other responsible adult of the child shall have the following duties for the duration of the suspension or expulsion:

(1)

The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would otherwise have been required to be in attendance in school had he not been suspended or expelled; and

(2)

The duty to prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he not been suspended or expelled, except under the following circumstances:

a.

When the child is accompanied by the parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child;

b.

When the child is employed pursuant to an age and schooling certificate issued by the school authorities during the times that the child is on the job or traveling directly to or from a job site;

c.

When the child is on an emergency errand. Emergency errand is defined for the purposes of this section as an errand which requires seeking medical attention, attending a funeral or any other activity which involves the health care or safety of the child or his immediate family; or

d.

When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out expressed instructions during the times that the child is actually engaged in fulfilling those directions or instructions.

No person shall fail to fulfill the duties imposed by this subsection (a).

(b)

No child that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection (a) of this section.

(c)

No child that has been suspended or expelled from school shall be in any public place at the times that he would have been required to be in attendance at school had he not been suspended or expelled, except under the circumstances described in subsection (a) of this section.

(d)

As used in this section, public place includes any street, recreational center, sidewalk, park, cemetery, schoolyard, body of water or watercourse, public conveyance, parking lot or any other place engaging in the sale of merchandise, public accommodation or amusement.

(e)

A law enforcement officer or school designated attendance officer may transport any child found violating this section to the child's residence and may release the child into the care of the parent, tutor or court appointed legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children. The choice of destination can 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. If the child found to be in violation of this section refuses to give to the law enforcement officer or school attendance enforcement officer his correct name and address or the correct name and address of his school or, if the child has on a previous occasion violated the provisions 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 responsible adult cannot be located or fails to come and take charge of the child, and if the parish sheriff's office juvenile authorities fail to take custody 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, tutor or other responsible adult to appear in the juvenile division of the parish sheriff's office.

(f)

Any child that violates this section is subject to the jurisdiction of the parish juvenile court.

(g)

If a child is found to be in violation of this section, on the second or subsequent occasion, within a 365-day period, the parent, tutor, responsible adult, court appointed adult guardian, or other responsible adult person having the care and custody of the child, after having previously been notified of these violations, shall be guilty of failing to supervise a suspended or expelled child, a misdemeanor, subject to the jurisdiction of the district court, punishable by a fine of not more than $500.00 for each offense or a sentence of not more than 60 days in jail or both.

(h)

For the purposes of this section, the term "child" means any person between the ages of seven and 16 years of age, inclusive.

(Code 1985, § 15-20.1; Ord. No. 3858, 2-1-2001)