1.34.010 General Provisions

(a) Purpose. The purpose of this code is to require the regular attendance at school of all school-age children living on the Bad River Reservation and all tribal children living off the reservation attending school within the Bad River Reservation or Ashland School District.

(b) Authority. This code is enacted pursuant to Article VI, Section 1(q) of the Bad River Tribal Constitution.

(c) Effective Date. This code shall take effect on the day following the date of approval of this code by the Bad River Tribal Council.

(d) 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.

(e) 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.

(f) Applicability. This code shall apply to all tribal children living on the Bad River Reservation and their parents or other persons having said tribal children in their care or custody or under their control.

(g) Consent to Tribal Jurisdiction. The Bad River Tribal Court may also exercise its authority and impose penalties under this section where the provisions of subsection (f) 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:

(1) Non-tribal children living on the Bad River Reservation and their parents or other persons having said children in their care or custody or under their control; and

(2) Tribal children attending school within the Bad River Reservation or Ashland School District living off the Bad River Reservation and their parents or other persons having said tribal children in their care or custody or under their control.