An ordinance amending Section 11.28.080 of the Metropolitan Code of Laws to make the prohibition on loitering during school hours applicable to students that have been suspended or expelled from school.

WHEREAS, Section 11.28.080 of the Metropolitan Code of Laws currently prohibits children who are subject to the state compulsory attendance law from loitering during the hours when such children are required to be in school; and

WHEREAS, children that have been suspended or expelled from school are currently not prohibited from loitering during school hours because they are technically not required to be in school; and

WHEREAS, the Metropolitan Council desires to amend Section 11.28.080 to close the loophole in the loitering during school hours ordinance for children who have been suspended or expelled from school; and

WHEREAS, the Metropolitan Council is aware that the responsibility for controlling juvenile out-of-school behavior ultimately rests with the parents and guardians of such juveniles; and

WHEREAS, the Metropolitan Council further recognizes that many times, the only way to obtain increased parental involvement regarding a child's problems is through intervention by police officers and/or Juvenile Court; and

WHEREAS, the Metropolitan Police Department and Juvenile Court currently provide counseling, behavior modification, conflict resolution, and referral services for children and their families within the juvenile justice system; and

WHEREAS, the Council does not intend for this ordinance to be construed as penal in nature, but rather to serve as a tool for bringing the behavior of juveniles who are loitering during school hours to the attention of parents so that proper rehabilitative and preventive measures can be taken.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVENRMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 11.28.080 of the Metropolitan Code of Laws be and the same is hereby amended by relettering the current subsection B. as subsection C., and by adding the following new subsection B.:

"B. A child who has not reached his eighteenth birthday, and being subject to the state compulsory attendance law, Tennessee Code Annotated, Section 49-6-3001, but who is suspended or expelled from school, or is otherwise not in compliance with the compulsory attendance law, shall not loiter, idle, wander or play in or upon the public streets, highways, alleys, parks, or other public places, buildings, businesses, places of amusement and entertainment, vacant lots or other unsupervised places during those hours the child is required to be in school under the state compulsory school attendance law if not for the suspension. Further, no child shall be taken into custody for violation of this section until an investigation with the proper school officials has been made to determine if the child is suspended or expelled and the termination of the suspension or expulsion period. For purposes of this section, "suspended" means a dismissal from attendance at school for any reason by a school official for a period of time not exceeding ten (10) consecutive days; and "expelled" means a removal from attendance at school by a school official for more than ten (10) consecutive days."

Section 2. That this Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: David Briley

LEGISLATIVE HISTORY
Introduced:	February 1, 2005
Passed First Reading:	February 1, 2005
Referred to:	Education Committee Public Safety Committee
Amended:	February 15, 2005
Passed Second Reading:	February 15, 2005
Rescinded Action on Second Reading:	March 15, 2005
Substitute Introduced:	April 5, 2005
Passed Second Reading:	April 5, 2005
Passed Third Reading:	April 19, 2005
Approved:	April 22, 2005
By: