“Each parent, guardian or other person having control or custody of any child required to attend school or receive regular instruction by a private tutor who fails to have a child enrolled in school or who fails to send the child to school, or have him or her instructed by a private tutor during the time the child is required to attend public school, private school, church school, denominational school, or parochial school, or be instructed by a private tutor, or fails to require the child to regularly attend the school or tutor, or fails to compel the child to properly conduct himself or herself as a pupil in any public school in accordance with the written policy on school behavior adopted by the local board of education pursuant to this section and documented by the appropriate school official which conduct may result in suspension of the pupil, shall not be guilty of a misdemeanor and, upon conviction, shall be fined not more than $100 and may also be sentenced to hard labor for the county for not more than 90 days. The absence of a child without consent of the principal, teachers of the public school he or she attends or should attend, or of the tutor who instructs or should instruct the child, shall be prima facie evidence of the violation of this section.”