Chapter 6.60
TRUANCY
Sections:
6.60.020 Statement of policy and purpose.
6.60.040 Authority of the Business Committee.
6.60.070 Attendance requirement.
6.60.080 Procedures for intervention in matters of truancy.
6.60.090 Failure to attend school.
6.60.100 Contributing to the delinquency of a minor.
6.60.010 Title.
This chapter shall be known as the Chehalis Truancy Code. [Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.010.]
6.60.020 Statement of policy and purpose.
It is the civil regulatory policy of the Chehalis Tribe to maximize the attendance of school by minor children in the Tribal community by prohibiting unexcused absences and excessive excused absences from school and by invoking progressive civil penalties against repeatedly truant students and, where appropriate, against their parent(s) or guardian(s). [Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.020.]
6.60.030 Jurisdiction.
A. The provisions of this chapter apply to Chehalis Tribal community members who are required by Washington State law to attend school and to their parent(s) or guardian(s) as necessary to enforce the provisions of this chapter.
B. This chapter applies to the full extent of the sovereign jurisdiction of the Chehalis Tribe. [Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.030.]
6.60.040 Authority of the Business Committee.
A. The Business Committee is the Governing Body of the Chehalis Tribe by the Authority of the Constitution and Bylaws of the Chehalis Tribe as adopted on April 16, 1973.
B. The Business Committee has been entrusted to provide for the social, health, safety and economic well-being of its Chehalis Tribal members.
C. Except as may be otherwise provided by Tribal law, all authority to regulate the school attendance of community members and to carry out and enforce the provisions of this chapter and the regulations adopted hereunder shall be vested in the Business Committee, which may delegate its authority to the education program and/or public safety. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.040.]
6.60.050 Enforcement.
Public Safety and Probation officers are authorized to investigate and enforce suspected violations of this chapter through civil regulatory citations with mandatory court appearance(s). [Res. 2019-126; Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.050.]
6.60.060 Violations.
It shall be considered a truancy violation to fail to comply with any provision of this chapter that is worded in terms “no person shall,” “no one may,” “a person must,” “it is unlawful to” or other similar language. [Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.070.]
6.60.070 Attendance requirement.
Every child under 18 years of age must be enrolled in the public school of the district in which the child resides, a private school, or an approved home school program, and must comply with the attendance requirements of that school or home school program, unless the child is exempted from attendance requirements under applicable law. Regardless of the attendance requirements of the appropriate school or home school program, the determination that a student is truant shall be made in accordance with the terms of this chapter.
A. Each day in which a child fails to enroll as required by this chapter shall constitute an unexcused absence.
B. A failure to attend that is excused by the particular school shall be considered an excused absence under this chapter.
C. A failure to attend that is not excused by the particular school shall be considered an unexcused absence under this chapter.
D. When a child has been charged with failure to attend school, or has failed to meet any court ordered penalties and/or conditions pursuant to such a charge, during any rolling two-year period, all subsequent absences for medical reasons shall be deemed unexcused unless accompanied by a note from a licensed physician or other professional health care provider. Absences as a result of a death in the child’s immediate family, sickness of a dependent, or other emergency situation may also be deemed excused with appropriate written documentation.
E. Any student who has either five unexcused or excused absences in any calendar month, or 10 unexcused or 20 excused absences accumulated throughout the school year, whichever comes first, shall be considered truant under this chapter. Each unexcused or excused absence shall consist of a single school day. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.080.]
6.60.080 Procedures for intervention in matters of truancy.
A. The education program and the Public Safety Department (“Public Safety”) shall implement procedures, as adopted by the Business Committee, for intervention in matters of truancy.
B. The education program and Public Safety shall, from time to time, suggest appropriate revisions or amendments to the procedures for consideration by the Business Committee.
C. Any student who is truant under this chapter, and the parent(s) or guardian(s) of such student, shall be subject to the intervention procedures to be developed pursuant to this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.090.]
6.60.090 Failure to attend school.
Any student who is truant under this chapter shall be charged with “failure to attend school” upon his or her fifth excused or unexcused absence in any calendar month, or upon his or her tenth unexcused or twentieth excused absence in any one school year. After being charged with “failure to attend school” under this chapter, a student shall be charged separately under this chapter upon each subsequent absence.
A. Upon a charge of failure to attend school, a citation shall be issued and both the truant child and his/her parent(s) or guardian(s) shall be called into court.
1. In the case of any child under the age of 12 years, a citation shall be issued to the parent(s) or guardian(s). At the discretion of Public Safety, a citation may also be issued to the child.
2. In the case of any child age 12 years or older, the citation will be issued to both the child and the parent(s) or guardian(s).
3. Public Safety shall have discretion to issue a citation calling into court only the parent(s) or guardian(s) of a child charged with failure to attend school where either education or Public Safety determines that attending court would be harmful to the child.
B. Penalties and Conditions.
1. Every charge of failure to attend school, and every failure to meet conditions set by the Court pursuant to a charge of failure to attend school, shall result in mandatory penalties and/or conditions. Penalties and conditions shall be progressive, so that subsequent charges or failures to meet conditions within any rolling two-year period shall result in penalties more severe than prior charges for the same period.
2. The Business Committee through its departments shall have the flexibility to assign penalties and conditions consistent with the enforcement abilities of the Tribe and the circumstances of the child, parent, and/or guardian. These penalties and conditions include, but are not limited to, any one or more of the following:
a. Penalties/conditions administered by the education program:
i. Mandatory tutoring;
ii. Weekly and/or daily school progress reports with copies to parent(s) or guardian(s) and Learning Center;
iii. Mandatory parent/guardian conference(s) with the school;
iv. Mandatory counseling as appropriate for the parent(s), guardian(s) and/or student;
v. Monthly and/or weekly contact with the Chehalis Tribe’s school counselor;
vi. Referral to Public Safety/Probation for citation with a mandatory court appearance.
b. Penalties/conditions administered by Public Safety/Probation:
i. Citation with a mandatory court appearance.
ii. Actions less than citation and mandatory court appearance:
(A) Fines (see CTC 6.60.100);
(B) Community service;
(C) House arrest;
(D) Electronic monitoring;
(E) Juvenile detention;
(F) Limited access to designated Tribal property;
(G) Limited access to designated Tribal activities.
iii. All citations with mandatory court appearance whether designated pursuant to CTC 6.60.100 or based on the referral process and citation set forth above shall be subject to the determination of the Chehalis Tribal Court in the same manner and consistent with the penalties and conditions of CTC 6.60.100(B). [Res. 2019-126; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.100.]
6.60.100 Contributing to the delinquency of a minor.
A. The parent(s) or guardian(s) of any student who is charged with “failure to attend school” under this chapter shall be charged with contributing to the delinquency of a minor. Upon a charge of contributing to the delinquency of a minor, a citation shall be issued and the truant child’s parent(s) or guardian(s) shall be required to appear in court.
B. Penalties and Conditions.
1. Every charge of contributing to the delinquency of a minor, and every failure to meet conditions set by the Court pursuant to a charge of contributing to the delinquency of a minor, shall result in mandatory penalties and/or conditions. Penalties and conditions shall be progressive, so that subsequent charges related to the truancy of one or more children, or failures to meet conditions, within any rolling two-year period shall result in penalties and/or conditions more severe than prior charges for the same period.
2. The Tribal Court shall have the flexibility to assign penalties and conditions consistent with the enforcement abilities of the Tribe and the circumstances of the child, parent, and/or guardian. These penalties include, but are not limited to, the following:
a. Penalties administered by the Education Program:
i. Participation in the child’s court ordered tutoring;
ii. Mandatory parent/guardian conference(s) with the school;
iii. Mandatory counseling as appropriate;
iv. Review and sign progress reports from the school;
v. Monthly and/or weekly contact with the Chehalis Tribe’s school counselor;
vi. Provide other support for child’s compliance with all court orders related to truancy as appropriate;
b. Penalties administered by public safety/probation:
i. Fines:
(A) First offense: $10.00;
(B) Second offense: $30.00;
(C) Each subsequent offense: $50.00;
ii. Community service;
iii. House arrest;
iv. Electronic monitoring;
v. Detention;
vi. Limited access to designated Tribal property;
vii. Limited access to designated Tribal activities. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-85. Prior code § 12.4.1.110.]