CHAPTER 33 - - TRUANCY CODE
33.1 SECTION 1: GENERAL PROVISIONS
PURPOSE. The purpose of this code is to require the regular attendance at school of all school--age children living on the Red Cliff Reservation and all tribal children living off the reservation attending school within the Bayfield School District.
AUTHORITY. This code is enacted pursuant to Article VI, Section 1(p) of the Red Cliff Tribal Constitution.
EFFECTIVE DATE. This code shall take effect on the day following the date ofapproval of this code by the Red Cliff Tribal Council.
INTERPRETATION. In its interpretation and application, the provisions of this code shall be held to be minimum requirements and shall be liberally construed in favor of the tribe and shall not be deemed as a limitation upon, or a repeal of any other tribal power or authority. The Tribe by the adoption of this Code does not waive its sovereign immunity in any respect.
ABROGATION AND GREATER RESTRICTIONS. When this code imposes greater restrictions than those contained in other tribal ordinances, codes, or resolutions, the provisions of this code shall govern.
SEVERABILITY. If any section, provision or portion of this code is adjudged to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this code shall not be affected thereby.
APPLICABILITY. This code shall apply to all tribal children living on the Red Cliff Reservation and their parents or other persons having said tribal children in their care or custody or under their control.
- CONSENT TO TRIBAL JURISDICTION. The Red Cliff Tribal Court may also exercise its authority and impose penalties under this section where the provisions of sec. 33.1.7 do not apply provided that the person charged with the offense consents to the jurisdiction of the Tribal Court. Consent must be knowing, intentional and voluntary. This section shall apply only to:
a ) Non--tribal children living on the Red Cliff Reservation and their parents or other persons having said children in Their care or custody or under their control; and
b) Tribal children attending school within the Bayfield School District living off the Red Cliff Reservation and their parents or other persons having said tribal children in their care or custody or under their control.
33.2 SECTION 2: DEFINITIONS
For the purpose of this code, the following terms shall have the meaning ascribed below:
"Adult" means any person 18 years of age or older who is not enrolled in the Bayfield School System.
"Child" means any person who is less than 18 years of age.
"Member" means a person enrolled in the Red Cliff Tribe.
"Reservation" means the area within the external boundaries of the Red Cliff Reservation.
"School" means the Holy Family Catholic School or the Bayfield Public School.
"School Attendance" means physical presence of a child in school, and includes attending scheduled classes during such hours and on such days as determined by the school or, for students enrolled in Alternative Education Programs, attendance at the place and during hours scheduled by the school for the student, unless excused from such attendance by school policy or state 1 aw.
"School Attendance Officer" means an employee designated by a school board under Wis. Stat. sec. 118.16 to deal with matters relating to school attendance and truancy.
"School Attendance Policy" means the current policy for school attendance duly adopted by the appropriate school board.
"Tribal Child" means a child who is either (a) an enrolled member of the Tribe; or (b) eligible for enrollment in the Tribe.
"Truancy" means any absence of part or all of one or more days from school during which the school attendance officer, or his agent, has not been notified of the legal cause of such absence by the person having the absent pupil under his or her control during non-school hours. "Truancy" also means intermittent attendance carried on for the purpose of defeating the intent of the state and tribes attendance laws (Wis. Stat. sec. 118.15 and Red Cliff Code of Laws, section 33.3.2) .
"Habitual Truancy" means truant for five (5) days within ten (10) school days or ten (10) truancies within any ninety (90) school day period within a school year.
"Student" means one who attends school in the Bayfield School District.
"Tribe" means the Red Cliff Band of Lake Superior Chippewa .
33.3 SECTION 3: COMPULSORY SCHOOL ATTENDANCE
SCHOOL ENROLLMENT REQUIRED. Except as excused under the state compulsory attendance law (Wis. Stat. sec. 118.15), any person having under their control a school aged child shall enroll the child in school.
REQUIREMENT TO ATTEND SCHOOL. Except as excused under the state compulsory attendance law (Wis. Stat. sec. 118.15), or under a school policy governing school attendance, any person having under their control a child (as defined in sec. 33.1.7) age 6 or older shall cause the child to attend the school in which the child is or should be enrolled.
- TRUANCY PROHIBITED.
a) Truancy is prohibited.
b) It shall be unlawful for any person to cause, assist, or enable a child to be truant.
33.4 SECTION 4: ENFORCEMENT AND PENALTIES
The school attendance officer may contact the Home-School Coordinator, Indian Child Welfare Worker, tribal law enforcement officer or other appropriate party to assist in the enforcement of the provisions of this code.
The school must document the following steps before the Tribal Court hears a truancy petition:
- (a) First Incident: The School Attendance Officer shall give verbal warning and send a letter to the parent/legal guardian/legal custodian and to the mentor (if appropriate).
- (b) Second Incident: The School Attendance Officer is to contact the Home--School Coordinator, Indian Child Welfare Worker or other appropriate party to set up and document a meeting with the child and parent / legal guardian / legal custodian. The purpose of the meeting shall be to identify and resolve behaviors that are in violation of the provisions of this code through an appropriate plan of action, which shall be agreed to and signed by all parties involved. The following steps shall be required in developing the action plan:
- 1) Provide an opportunity for educational counseling to the child to determine whether a change in the child's curriculum would resolve the child's truancy and have considered curriculum modification under Wis. Stat. sec. 118.15 (1) (d).
- 2) Evaluate the childs curriculum to determine whether learning problems may be a cause of the childs truancy and, if so, take appropriate action or make appropriate referrals.
- 3) Conduct an evaluation to determine whether social problems may be the cause of the childs truancy and, if so, take appropriate action or make appropriate referrals.
- 4) A copy of the plan of action shall be given to the parent/guardian and the principal of the child. Included in the action plan shall be a schedule for consistent, timely review to evaluate and monitor the effectiveness of said plan.
- (c) Third Incident: Refer to Tribal Court. A checklist documenting evaluation of the steps required in section 33.4.2 must be submitted to the court upon referral. Once referred to Tribal Court, the child's parent(s) / legal guardian(s) / legal custodian(s) shall be summoned in accordance with Red Cliff Code of Laws, sec. 4.6. If summoned to Tribal Court, appearance is mandatory by both the child and the parent / legal guardian / legal custodian .
The designated school official or their agent may issue citations to any child who violates the Red Cliff Truancy Code, to appear in the Tribal Court.
Each incident of truancy may constitute a separate offense .
a) Any child convicted of truancy under sec. 33.3 3 (a) shall be subject to a minimum penalty of community services hours equal to the number of school hours truant, with a maximum civil money penalty of $25.00 and/or seven (7) community service hours per incident of truancy.
b) Any child who is convicted of aiding a childs truancy shall be subject to a penalty of not more than $50.00.
c) Any adult who is convicted of aiding a childs truancy shall be subject to a penalty not less than
$35.00, but not to exceed $500.00.
d) In addition to the imposition of civil forfeitures and community service hours for violations of this Chapter 33, the Tribal Court may impose other remedies, including but not limited to: alcohol assessment and counseling, home detention, limitations on the use of public facilities within the exterior boundaries of the Red Cliff Reservation.
If the Tribal Court determines a child is habitually truant, the court may order the Indian Child Welfare Department and / or Human Service Agencies to initiate an indepth investigation into the childs background to determine if a minor-in-need-of-care petition should be filed.
Nothing herein shall prohibit the referral of a tribal child to the Child Welfare office for the filing of a child welfare petition under Chapter 26 of the Red Cliff Code of Laws. A child welfare petition may be filed regarding any tribal child who has been truant for five (5) days or more in any three (3) month period .
The Tribal Court shall have jurisdiction over cases brought to enforce this code. Proceedings shall be conducted in accordance with Chapter 4 of the Red Cliff Code of Laws.