1.34.040 Enforcement and Penalties

(a) The school attendance officer may contact the Home-School Coordinator, Indian Child Welfare Worker, or other appropriate party to assist in the enforcement of the provisions of this code.

(b) The school must document the following steps before the Tribal 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.

(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 Tribal Court. A checklist documenting evaluation of the steps required in section 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 Bad River Tribal Court Code. If summoned to Tribal Court, appearance is mandatory by both the child and the parent/legal guardian/legal custodian.

(4) The designated school official or their agent may issue citations to any child who violates the Bad River Truancy Code, to appear in the Tribal Court.

(5) Each incident of truancy may constitute a separate offense.