Truancy Ticket

[Zigner]

In post 6, OP gives CA as the state.

When I first hit reply, post 6 wasn't there yet - got called away from the keyboard briefly

 

[Nicole1031]

The story she told here is a little suspicious. Permission to miss a class does not necessarily equate to leaving or remaining off campus. If this is a legitimate excuse, she will have the opportunity to make her case to either the appropriate school personnel or a court.

I believed so too until I asked her ROP teacher and she was given an excuse not to show up at the hospital for 1st and 2nd period; since her assembly was not until 2nd she thought she didn't have to come until 2nd period. She would have been wondering around school campus during 1st, anyhow.

 

[CdwJava]

45.04(a). L.A.M.C.- Truancy

Ah, the daytime curfew ordinance:

(a) Curfew. It is unlawful for any minor under the age of 18, who is subject to compulsory education or to compulsory continuation education, alone or in concert with others, to be present in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places or amusement and eating places, vacant lots or any place open to the public during the hours of the day when the school, which the minor would normally attend, is in session, on days when that school is in session.

(b) Exceptions. The provisions of this section shall not apply when:
(1) The minor is accompanied by his or her parent, guardian, other adult person authorized by the parent or guardian having the care or custody of the minor; or

(2) The minor is on an emergency errand directed by his or her parent, guardian or other adult person having the care or custody of the minor; or

(3) The minor is going directly to or coming directly from their place of gainful employment; or

(4) The minor is going directly to or coming directly from a medical appointment; or

(5) The minor has permission to leave campus for lunch and has in his or her possession a valid, school-issued off-campus permit; or

(6) The presence of the minor in one or more of the places identified in Subsection (a) is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged; or

(7) The minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state, which calls for immediate action; or

(8) The minor is in a motor vehicle involved in interstate travel; or

(9) The minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable state or federal law.

(c) Enforcement. Before taking any action to enforce the provisions of this section, police officers shall ask the apparent offender's age and reason for being in the public place during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no exceptions to this section apply.​

If her school day on campus did not begin until after 2nd period, then she should be able to get the matter dismissed quickly with the proper documentation from the ROP teacher. Assuming, of course, that the student was also granted permission to remain off campus during that time. if required to be ON campus, then the offense still applies.

 

[Silverplum]

When I first hit reply, post 6 wasn't there yet - got called away from the keyboard briefly

I know how that can happen. Just FYI-ing ya.

 

[Zigner]

I suspect her school day DID begin before 2nd period and she was relying on the ROP teaher's "permission."

OP - Have you spoken to the ROP teacher? Have you requested something in writing from the ROP teacher stating that daughter was given permission to miss two periods?

I think that the sticking point here is that your daughter "missed her bus."

 

[Zigner]

I know how that can happen. Just FYI-ing ya.

Thanks !

 

[Nicole1031]

OP - Have you spoken to the ROP teacher? Have you requested something in writing from the ROP teacher stating that daughter was given permission to miss two periods?

I think that the sticking point here is that your daughter "missed her bus."

Yes, I verified with the school, she had a Senior Assembly which took place during 2nd. I spoke with her ROP teacher who did give her permission to miss 1st and 2nd. I was also home when she missed the bus. I don't drive and the bus comes every hour and is always crowded so I told her to walk to school instead.

 

[Zigner]

Yes, I verified with the school, she had a Senior Assembly which took place during 2nd. I spoke with her ROP teacher who did give her permission to miss 1st and 2nd. I was also home when she missed the bus. I don't drive and the bus comes every hour and is always crowded so I told her to walk to school instead.

I see a disconnect. The TEACHER can't give her permission to just sit at home and not go to school.

 

[Nicole1031]

I see a disconnect. The TEACHER can't give her permission to just sit at home and not go to school.

That was the confusing part in what to do. She couldn't just go volunteer for only 1st period because her assembly started during 2nd but technically she did not have a class at school grounds during 1st. I'll just wait until the court date, I just needed some assistance in understanding the truancy law and my case.

 

[Zigner]

That was the confusing part in what to do. She couldn't just go volunteer for only 1st period because her assembly started during 2nd but technically she did not have a class at school grounds during 1st. I'll just wait until the court date, I just needed some assistance in understanding the truancy law and my case.

But she WAS required to be there for 2nd period.

 

[Nicole1031]

But she WAS required to be there for 2nd period.

She arrived during second but just came a little late.

 

[Zigner]

She arrived during second but just came a little late.

Then your daughter appears to be guilty of the offense with which she was charged...

 

[Nicole1031]

Then your daughter appears to be guilty of the offense with which she was charged...

I'm realizing that but I find it a bit silly. I came late to school due to misfortune of the buses without having to pay a fine or go to court. Will she be able to do some community service with a smaller fine?

 

[Zigner]

I'm realizing that but I find it a bit silly. I came late to school due to misfortune of the buses without having to pay a fine or go to court. Will she be able to do some community service with a smaller fine?

She missed her bus. That is HER fault. It's not like the bus broke down or something...

 

[CdwJava]

I'm realizing that but I find it a bit silly. I came late to school due to misfortune of the buses without having to pay a fine or go to court. Will she be able to do some community service with a smaller fine?

There may be no fine at all. Unless she has a history of problems at school, I suspect this will be a whopping nothing.