Tribe: Omaha Tribe of Nebraska
Section 12-11-3 Nonattendane; School District; Duties; Remedial Services; Enforcement. (a) Any superintendent, principal, teacher, or member of the school board who knows of any violation of section 12-10-1, on the part of any child of school age, his or her parent, the person in actial or legal control of such child, or any other person shall within thre days report the violation to the truancy officer of the school , who shall investigate the case. When of his or her personal knowledge, by report or complaint from any resident of the district, or by report or complaint as provided in this section, the truancy officer
believes that any child is unlawfully absent from school, the truancy officer shall immediately investigate.
(b) The school district shall have a written policy on excessive absenteeism developed in collaboration
with the tribal prosecutor. The policy shall include a provision indicating how the school district and the
tribal prosecutor will handle cases in which excessive absences are due to documented illness that makes
attendance impossible or impracticable, and the policy shall state the number of absences or the hourly
equivalent upon the occurrence of which the school shall render all services in its power to compel such
child to attend some public, private, denominational, or parochial school, which the person having control of
the child shall designate, in an attempt to address the problem of excessive absenteeism. The number of
absences in the policy shall not exceed five days per quarter or the hourly equivalent. The school district
may use excused and unexcused absences for purposes of the policy. The policy shall also require that the
parents or the person in actual or legal control of such child assist the child with make-up work for any
absence. Such services shall include, but need not be limited to:
(1) One or more meetings between a school attendance officer, school social worker or the school
principal or a member of the school administrative staff designated by the school administration if such
school does not have a school social worker, the child’s parent or guardian, and the child, if necessary,
to report and to attempt to solve the problem of excessive absenteeism;
(2) Educational counseling to determine whether educational changes, including, but not limited
to, enrolling the child in an alternative education program that meets the specific educational and
behavioral needs of the child, would help solve the problem of excessive absenteeism;
(3) Educational evaluation, which may include a psychological evaluation, to assist in determining
the specific condition, if any, contributing to the problem of excessive absenteeism, supplemented by
specific efforts by the school to help remedy any condition diagnosed; and
( 4) Investigation of the problem of excessive absenteeism by the school social worker, or if such
school does not have a school social worker, by the school principal or a member of the school
administrative staff designated by the school administration, to identify conditions which may be
contributing to the problem. If services for the child and his or her family are determined to be needed,
the school social worker or the school principal or a member of the school administrative staff
performing the investigation shall meet with the parent or guardian and the child to discuss any referral
to appropriate community agencies for economic services, family or individual counseling, or other
services required to remedy the conditions that are contributing to the problem of excessive
absenteeism.
(5) The truancy officer shall report the student to the tribal prosecutor after twenty days or the
hourly equivalent of unexcused absence. In the case excessive absenteeism begins after a school year
starts or shortly after a student is enrolled, the truancy officer shall make contact with the parent or the
person in actual or legal control of such child after five absences. This may include a visit to the home
accompanied by Tribal Police. If the child is absent more than twenty days per year or the hourly
equivalent and all of the absences are due to documented illness that makes attendance impossible or
impracticable or are otherwise excused by school authorities, the truancy officer may report such
information to the tribal prosecutor. If the child is absent more than twenty days per year or the hourly
equivalent and any of such absences are not excused, the truancy officer shall file a report with the tribal
prosecutor on a form which includes the following two statements, one of which must be designated by
the school representative signing the report: (a) The school representative requests additional time to
work with the student prior to intervention by the tribal prosecutor; and (b) the school representative
believes that the school has used all reasonable efforts to resolve the student’s excessive absenteeism
without success and recommends intervention by the tribal prosecutor. lf further action is necessary to
address the child’s attendance, the initial meeting between the parent or guardian of the child, the
school, and the tribal prosecutor shall be at a location determined by the school.
(c) Nothing in this section shall preclude the tribal prosecutor from being involved at any stage in the
process to address excessive absenteeism.