42-11.03 Tribal Court Hearing Procedures.
(a) At the 1st hearing, the Tribal Court shall:
(1) inform the student and the parent of their right to present evidence and testimony to
the Court;
(2) decide whether an Indian Child Advocate may be necessary to represent the interests of
the child;
(3) Inform the parent that the parent is entitled to legal counsel at the parent’s own
expense.
(b) If the allegations in the petition are established by a preponderance of the evidence, the Tribal
Court shall grant the petition and shall enter an order assuming jurisdiction to intervene for the
period of time necessary, after considering the facts alleged in the petition and the
circumstances of the child, that most likely will assist the child to return to and remain in school.
42-11.05 Truancy Orders. The Court may order a child to do one or more of the following:
(a) attend the child’s current school, and set forth minimum attendance requirements, including
suspensions;
(b) if there is space available, and the program can provide educational services appropriate for the
child, attend another public school, an alternative education program, center, a skill center,
dropout prevention program, or another public educational program;
(c) attend a private nonsectarian school or program including an education center.
(1) Before ordering a child to attend an approved or certified private nonsectarian school or
program, the Court shall:
A. consider the public and private programs available;
B. decide whether the placement is in the best interest of the child; and
C. determine whether the private school or program is willing to accept the child;
and
D. determine whether the private school will not charge any fees in addition to
those established by contract with the student’s school district.
(d) engage in services offered by the Spokane Tribe of Indians that may assist the child, in order to
reduce the child’s unexcused absences;
(e) submit to drug testing if the Court determines, based upon the evidence presented in Court, that
the child may be consuming non-prescription or other unlawful drugs;
(f) abstain from possession or consumption of illegal controlled substances or alcohol, and to enter
into drug or alcohol treatment with an appropriate treatment provider;
(g) order that a Youth In Need of Care petition be filed to obtain appropriate placement for the child
and to obtain services for the parent.
42-11.07 Enrollment in a Private School.
(a) If the Court orders the child to enroll in a private school or program, the child’s school district
shall contract with the school or program to provide educational services for the child.
(b) The school district shall not be required to contract for a weekly rate that exceeds the state
general apportionment dollars calculated on a weekly basis generated by the child and received
by the district.
(c) The school district shall not be required to enter into a contract that is longer than the
remainder of the school year.
(d) The school district shall not be required to enter into or to continue a contract if the child is no
longer enrolled in the district.
42-11.09 Reporting of Additional Unexcused Absences. The school shall report regularly to the Court any
additional unexcused absences by the child.
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Revised Spokane Law & Order Code, 5/14/2013