Title
8. Family/Children's Code
Chapter 13. Truancy
Title 8. Family/Children's Code, Chapter 13. Truancy
Code
Article I - General Provisions
Article II - Compulsory School Attendance
Article III - Enforcement and Penalties
Article IV - Miscellaneous
ARTICLE
I. GENERAL PROVISIONS
SECTION 101. PURPOSE
The purpose
of this code is to require the regular attendance at school of all school--age
children living within the exterior boundaries of the Pit River Tribe
and all tribal children living outside of the exterior boundaries of
the Tribe attending school within the Tribe's territory.
SECTION 102. EFFECTIVE DATE
This code
shall take effect on the day following the date of approval of this
code by the Pit River Tribal Council.
SECTION 103. 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.
SECTION 104. CONSENT TO TRIBAL JURISDICTION
(A) The
Pit River Children's Court may also exercise its authority and impose
penalties under this section where the provisions of Article II do
not apply provided that the person charged with the offense
consents to the jurisdiction of the Children's Court.
(B) Consent
must be knowing, intentional and voluntary. This section shall apply
only to:
(1)
Non-tribal children living within the exterior boundaries of the
Pit River Tribe and their parents or other persons having said children
in their care or custody or under their control; and
(2)
Tribal children living outside of the Tribes territory, but attending
a school within the exterior boundaries of the Tribe and their parents
or other persons having said tribal children in their care or custody
or under their control.
ARTICLE II. COMPULSORY SCHOOL ATTENDANCE
SECTION 201. SCHOOL ENROLLMENT REQUIRED
Except
as excused under the state compulsory attendance law, any person having
under their control a school aged child shall enroll the child in school.
SECTION 202. TRUANCY PROHIBITED
(A) Truancy
is prohibited.
(B)
It shall be unlawful for any person to cause, assist, or enable a
child to be truant.
SECTION 203. REQUIREMENT TO ATTEND SCHOOL
(A) Except
as excused under the state compulsory attendance law, or under a school
policy governing school attendance, any person having under their
control a child age 6 or older shall cause the child to attend the
school in which the child is or should be enrolled.
(B)
A person subject to the provisions of this Chapter shall attend school
for at least the length of time of the school year that is established
in the school district in which the person is a resident.
(C) Any
person having legal custody and control of a person subject to the
provisions of this Chapter is responsible for the school attendance
of that person.
SECTION 204. STUDENT RESPONSIBILITY
Any qualified
student and any person who, because of age, is eligible to become a
qualified student as defined by California State Law until attaining
the age of sixteen (16) shall attend a public or private school or a
state institution. A person shall be excused from this requirement if:
(A) The
person is specifically exempted by law from the provisions of this
section;
(B) The
person has graduated from a high school;
(C) The
person is at least fourteen (14) years of age and has been excused
from the local school board or its authorized representative upon
a finding that the person will be employed in a gainful trade or occupation
or engaged in an alternative form of education sufficient for the
person's educational needs and the person having legal custody and
control consents;
(D)
The person is excused from the provision of this section by the superintendent
of schools of the school district in which the person is a resident
with consent of the person having legal custody and control of the
person to be excused and such person is under sixteen (16) years of
age; or
(E) The
person is judged, based on standards and procedures adopted by the
California State Board of Education, to be unable to benefit from
instruction because of learning disabilities or mental, physical or
emotional conditions.
(F) Religious
Instruction Any student may be excused from school to participate
in religious activities with the written consent of the student's
parent, guardian or custodian.
SECTION 205. CERTIFICATES OF EMPLOYMENT
(A) Full-Time
School Attendance Not Required Any student subject to the provisions
of this Section attaining the age of sixteen (16) may be excused from
full-time school attendance by issuance of a certificate of employment
by the superintendent of schools of the school district in which the
student is a resident or is employed. The certificate of employment
shall only be issued upon satisfactory assurance to the superintendent
of schools that the student will be definitely employed in a gainful
trade or occupation.
(B) Contents
of Certificate The certificate of employment shall contain the
following information:
(1)
The name, age and residence of the person excused from full-time
school attendance;
(2)
By whom the person is to be employed or is employed;
(3)
The last class/grade attended by the person; and
(4)
A statement that the person is excused from full time school attendance
until the certificate is revoked.
(C) Expiration
of Certificate If and when the employment certification is revoked
or expires and the person is still under 18 years of age, then the
compulsory school attendance laws will be reapplied to that person.
ARTICLE III. ENFORCEMENT AND PENALTIES
SECTION 301. RESPONSIBILITY FOR ENFORCEMENT
Each local
school board and each governing authority of a private school shall
initiate the enforcement of the provisions of this Chapter for students
enrolled in their respective schools.
SECTION 302. PROCEDURE
To initiate
enforcement of the provisions of the this Chapter, a local school board
or governing authority of a private school or their authorized representatives
shall give written notice by certified mail to or by personal service
on the parent, guardian or one having custody of the person subject
to the provisions of this Chapter. Any person continuing to violate
the provisions of this Chapter after receiving written notice as provided
by this section shall be reported to the Children's Court and shall
be considered to be a neglected child or a child in need of supervision
and thus subject to the provisions of the this ordinance.
SECTION 303. ASSISTANCE BY TRIBE
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.
SECTION 304. WARNINGS
(A) The
school must document the following steps before the Children's Court
hears a truancy petition:
(1)
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).
(2)
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:
a. 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 state law.
b.
Evaluate the child's curriculum to determine whether learning
problems may be a cause of the child's truancy and, if so, take
appropriate action or make appropriate referrals.
c. Conduct an evaluation to determine whether social problems
may be the cause of the child's truancy and, if so, take appropriate
action or make appropriate referrals.
d. 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.
(3)
Third Incident: Refer to the Children's Court. A checklist
documenting evaluation of the steps required in this Chapter must
be submitted to the court upon referral. Once referred to Children's
Court, the child's parent(s)/legal guardian(s)/legal custodian(s)
shall be summoned in accordance with Pit River Code of Civil Procedure.
If summoned to Children's Court, appearance is mandatory by both
the child and the parent/legal guardian/legal custodian.
(B)
The designated school official or their agent may issue citations
to any child who violates the Pit River Truancy Code, to appear in
the Children's Court.
(C)
Each incident of truancy may constitute a separate offense.
SECTION 305. PENALTIES
(A) Any
child convicted of truancy under this Chapter 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 child's truancy shall be subject
to a penalty of not more than $50.00.
(C)
Any adult who is convicted of aiding a child's 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, the Children's 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 Pit River Tribe.
(E)
If the Children's 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 child's background
to determine if a minor-in-need-of-care petition should be filed.
(F)
Nothing herein shall prohibit the referral of a tribal child to the
Child Welfare office for the filing of a child welfare petition under
Title 8 of the Pit River 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.
(G)
The Tribal Children's Court shall have jurisdiction over cases brought
to enforce this code.
SECTION 306. FAILURE TO ENFORCE
Any person
failing his responsibility for initiating enforcement of this Chapter
is guilty of neglect and may be fined under Section 305.
SECTION 307. NEGLECT BY PARENT, GUARDIAN OR CUSTODIAN
After receiving
notice, any parent, guardian or custodian of a person continuing to
violate the provisions of this Chapter is guilty of neglect if the parent,
guardian or custodian by act or omission, caused the continuing violation.
ARTICLE IV. MISCELLANEOUS
SECTION 401. 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.
SECTION 402. APPLICABILITY
This code
shall apply to all tribal children living within the exterior boundaries
of the Pit River Tribe and their parents or other persons having said
tribal children in their care or custody or under their control.
SECTION 403. 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.
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