3-6-4 Failure to Send Wakanyeja to School.

1. A person who is the parent, guardian or custodian of a Wakanyeja who is between the ages of six (6) years old and eighteen (18) years of age, residing or domiciled on the Rosebud Reservation and within its territories, who has not enrolled their Wakanyeja in a public or tribal school full-time when school is in session, or the Wakanyeja has three (3) unexcused absences within any single month, or six (6) unexcused absences in the current school year, will be considered a maltreated Wakanyeja, and the parent, guardian or custodian shall also be subjected to the provisions set out in RSTLOC Title 3, Chapter 5, of the or RSTLOC Title 5, Chapter 8. In making this determination, the Law Enforcement officer and prosecutor shall make every reasonable effort to consider:
   1. Wakanyeja has a pattern of unexcused absences;
   2. Wakanyeja fails to attend school; or
   3. Parent, guardian or custodian has failed to, or refuse to, meet the Wakanyeja educational needs,
      shall be deemed guilty of a Class B offense.