(1) An habitual truant is:
(a)  Any public school pupil who, in the judgment of the board of trustees, or the board’s designee, repeatedly has violated the attendance regulations established by the board; or
(b)  Any child whose parents or guardians, or any of them, have failed or refused to cause such child to be instructed as provided in section 33-202, Idaho Code.
(2)  A child who is an habitual truant shall come under the purview of the juvenile corrections act if he or she was within the age of compulsory attendance at the time of the violations.