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Updated through the 2005 Supplementary Pamphlet
Section 1. Mandatory School Attendance
a. It is mandatory that all children and youth of the Mashantucket Pequot Tribe who reside on tribal lands, including dependents of members of the Mashantucket Pequot Tribe or of their spouses or significant others, attend an accredited school every day that school is regularly in session.
b. All children of any age shall be enrolled in a regular elementary or high school program unless excused by an extraordinary illness or other incapacity recognized by the medical profession and approved in writing in advance by the Education Department.
c. Five incidents of unexcused tardiness will be considered as one unexcused absence from school. Fines will be administered accordingly.
Section 2. Parental Responsibility
It is the responsibility of each parent and/or guardian of the child and youth to ensure that their child or children attend school in accordance with the requirements of this Law.
Section 3. Applicability
This Law shall apply to any person who resides on tribal lands.
Section 4. Truancy Officer and Duties
a. There is hereby established within the Mashantucket Pequot Tribal Police Department the position of truancy officer who shall have the following authority and duties:
(1) verify that all children and youth are enrolled in an educational institution as required herein;
(2) verify that all children and youth are attending school as required herein;
(3) make inquiries of any educational institution and of any child and their parent or guardian as to the enrollment and attendance status of children in school; and
(4) verify that all children and youth are arriving at school on time accordingly to school guidelines.
b. Whenever the truancy officer finds or sees that a child is not attending school during regular school hours, the truancy officer shall:
(1) inquire as to the child's circumstances and the child shall explain to the truancy officer the reason for his failure to attend school;
(2) bring the child to the child's home or other appropriate place and hold the child until the truancy officer can relinquish custody of the child to his parent or guardian;
(3) inquire of the parent or guardian as to the circumstances giving rise to the child's truancy; and
(4) make a report of the truancy incident, and send a copy of that report to the Child Protective Services.
c. In the event that the child's parent or guardian is not at home or not available, the truancy officer may release the child to the tribal police or other appropriate authority which shall take the child into custody until the parent or guardian becomes available.
Section 5. Providing Information to Truancy Officer
It shall be the duty and obligation of each child and every parent or guardian to provide whatever information is reasonably requested by the truancy officer as to the circumstances, activities, and whereabouts of any of their children or other information relating to their school attendance.
Section 6. Notice of Truancy and Fines
a. Whenever the truancy officer sees or finds a child outside of school during regular school hours or information comes to the truancy officer from a school or other source that a child is not attending school during regular school hours, the truancy officer shall personally serve a written notice to the parent or guardian of the fact of such truancy and that such truancy violates tribal law. The first notice to the parent or guardian shall serve as a warning of this violation and shall require the parent to attend parenting classes. The notice shall also inform the parent or guardian that a second violation will result in the parent or guardian being penalized a mandatory fine of $500 per child per day of absence from school for those children 12 years of age and younger, and for those children over the age of 12 years, in addition to the $500 fine, community service will be mandatory.
b. A second violation of this law within a 12 month period shall result in the truancy officer personally serving on the parent or guardian a written notice of such truancy and the imposition of a fine of $500 per child per day of absence from school for those children 12 years of age and younger. For those children over the age of 12 years, in addition to the $500 fine, community service will be mandatory.
c. The truancy officer shall send a copy of all notices of truancy and fines to the Finance Department to ensure that payment of fines and penalties shall be made into an account which shall be used to cover any expenses relating to the parenting classes required by this Law.
d. A third violation of this law within a 12 month period shall result in the truancy officer personally serving on the parent or guardian a written notice of such truancy and the imposition of a fine of not less than $1,000 per child per day of absence from school for those children 12 years of age and younger. Children over the age of 12 years, in addition to the above referenced fines, will be subjected to 24 hours of mandatory detention during the next weekend following the notice of truancy, which will begin on a Saturday at 8:00 a.m. and end on the following day Sunday at 8:00 a.m. and be held in the Public Safety Complex. The 24 hour mandatory detention excludes school days and holidays respectively.
e. Subsequent violations of this law within a 12 month period shall be referred to the Elders Council. The Elders Council shall impose fines upon the parent or guardian, which fine shall be no less than a suspension of all tribal benefits, except health benefits, for a period of six months and may include, depending on the severity of the matter, full banishment of the family from tribal lands, and consequential loss of all housing privileges, and any other fine, sanction or order as the Elders Council deems appropriate.
f. In the event the fine is not paid within 14 days of the date of the written notice, the fine shall be increased by a factor of 50%. The Finance Department shall be authorized to deduct the amount of said fine from any benefit that may be due and payable to the parent or guardian including, but not limited to, salary and incentive payments. No deduction authorized under this law shall reduce the parent's or guardian's gross weekly paycheck amount to less than $500.
g. In the event that any fines are imposed by virtue of the truancy of any person who is 16 years of age or older, said person shall be personally responsible to pay any such fines. This requirement shall not excuse the parent or guardian from the obligation to pay any such fines in the first instance unless the fines are paid first by the truant individual. In the event the parent or guardian pays any such fines, the truant individual shall be obligated to reimburse the parent or guardian for such payment. Any funds due and payable in the future from the Mashantucket Pequot Tribe to the truant individual shall be subject to the obligation to reimburse the parent or guardian and chief financial officer shall ensure that such reimbursement is made accordingly.
Section 7. Appeals
a. Any parent or guardian who has received a written notice of a fine or penalty from the truancy officer may, within seven days of receipt of the notice, contest any fine or penalty in writing to the truancy officer. The fine or penalty shall be upheld except when the parent or guardian provides satisfactory information or proof of extraordinary circumstances occasioning the truancy. Any information provided shall be confidential except that it may be disclosed to the court on appeal or to the Elders Council.
b. The parent or guardian shall have the further right within seven days of receipt of the notice to appeal the fine or penalty from the truancy officer to the tribal court which shall have jurisdiction over the issue. The filing of an appeal shall not toll the payment of the fine within the required time period. The decision of the tribal court shall be final and not appealable.
c. It is specifically provided that it shall not be a defense to the imposition of any fine or penalty allowed hereunder that the child is acting without the knowledge or authority of the parent or guardian, or that the parent or guardian was unaware of the truancy or claims to be unable to control their child, as the parent and/or guardian has responsibility for the child's actions. Illness of the child shall not be a defense or an excuse for the violation of this law if the child was seen or found outside of his residence and apart from the company of the parent during regular school hours.
Section 8. Non-Compliance
a. For any non-compliance with Section 6 of this law, the Elders Council may, with the assistance of the tribal manager's office, determine if imposing a 24 hour mandatory detention period on the truant child or his or her parent is appropriate given the totality of the circumstances.