ORDINANCE NO. 120180
Amending Chapter 50, Code of Ordinances, by enacting a new
Section 50-243, concerning compulsory school attendance.
WHEREAS, in the State of Missouri school-aged children,
with certain exceptions, are required to be in school and under the watchful
supervision of adults in the schools; and
WHEREAS, the City Council has determined that a
high rate of truancy or unexcused absences from school exists in the City; and
WHEREAS, when children are absent from school
without excuse they are at greater risk of being harmed or causing harm to
others and having poor academic performance than when they are attending and
being supervised at school; and
WHEREAS, the City Council has determined that
the establishment of a compulsory school attendance law for minors as an
ordinance violation will help combat truancy, juvenile delinquency, and lead to
improved student learning and achievement as well as be in the interest of the
public health, safety, and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 50, Code of Ordinances of the City
of Kansas City, Missouri, is hereby amended by adding a new Section 50-243,
Compulsory School Attendance, to read as follows:
Sec. 50-243. Compulsory school
attendance.
(a)
A parent, guardian or other person in this city having charge, control, or
custody of a child between the ages of seven years of age and the maximum
compulsory attendance age for the school district in which the child resides as
defined in sections 167.031.6 and 167.031.7 of the Missouri Revised Statutes
shall cause the child to attend regularly some public school not less than the
entire school term of the school which the child attends in conformance with
that school’s or school district’s attendance policies. Evidence of failure to
regularly attend school may include attendance reports from schools or school
districts and reports of children being identified as not being in school when
school is in session by targeted truancy enforcement efforts conducted by
school personnel or the Kansas City Police Department at the request of a
public school district completely or partly within the boundaries of the city.
Failure by such child to regularly attend school in conformance with that
school’s or school district’s attendance policies shall cause such parent,
guardian or other responsible person to be in violation of this section, except
that this section shall not apply to such parent, guardian or other responsible
person whose child:
(1) Regularly
attends some public, private, parochial or parish school. A certificate
properly attested by the superintendent, principal or person in charge of the
school stating that the child is regularly attending will be prima facie
evidence of regular attendance by the child.
(2) Attends
a home school authorized by section 167.031 of the Missouri Revised Statutes.
A daily log showing that a child attending such home school has a course of
instruction which satisfies the requirements of the laws of the State of
Missouri will be prima facie evidence of attendance by the child.
(3) Between
fourteen years of age and the maximum compulsory attendance age for the school
district in which he resides as defined in sections 167.031.6 and 167.031.7 of
the Missouri Revised Statutes is excused from attendance at school for the full
time required, or any part thereof, by the superintendent of public schools of
the district, or if there is none then by a court of competent jurisdiction,
when legal employment has been obtained by the child and found to be desirable,
and after the parents or guardian of the child have been advised of the pending
action.
(4) Who, to
the satisfaction of the superintendent of public schools of the district in
which he resides, or if there is no superintendent then the chief school officer,
is determined to be mentally or physically incapacitated and is excused from
attendance at school for the full time required, or any part thereof.
(b) A warning, in the case of a first offense, will be issued to any
parent, guardian or other person having charge, control or custody of a child
who is discovered by a truancy officer or police officer during a targeted
truancy enforcement effort as not being in school, as required, when school is
in session. Subsequent offenses of non attendance in violation of the school’s
or school district’s policies will be penalized under subsection (c) of this
section.
(c) Any parent,
guardian or other person having charge, control or custody of a child, who
violates the provisions of this section is guilty of an ordinance violation.
Upon conviction of a violation of this section, a person shall be subject to a
fine not to exceed five hundred dollars ($500.00), provided, however the
defendant may be offered the opportunity to enter into a pretrial diversion
program, with or without the payment of costs, at the discretion of the
prosecutor. The diversion program may require a person to successfully
complete community service, to successfully complete an organized parenting or
counseling program sponsored by a governmental, church, civic, or school
organization to address the child’s school attendance and to immediately place
and keep the child in regular attendance at a public, private, parochial,
parish or home school. Upon successful completion of such pretrial diversion,
the charge will be dismissed. Persons charged with violating this section
shall not be subject to custodial arrest, but shall be issued a summons to
appear in municipal court.
Section 2. That this ordinance will become
effective August 15, 2012.
_____________________________________________
Approved
as to form and legality:
___________________________________
Beth
Murano
Assistant
City Attorney