Statutes of the Pit River Tribe of California
Updated: 2005
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
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.
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.