[Adopted as § 9.17 of the 1998 Code; amended in its entirety 9-14-1998
by Ord. No. 365]
Except as otherwise specifically provided in this article, the statutory
provisions in Wis. Stat. Chs. 118 and 938, relating to compulsory school attendance,
truancy, habitual truancy, the penalties for contributing to truancy and school
district truancy plans, are adopted and by reference made a part of this article
as though fully set forth herein. Any future amendments, revisions or modifications
of the chapters incorporated herein are intended to be made a part of this
article. This article is enacted pursuant to Wis. Stat. § 118.163.
As used in this article, the following terms shall have the meanings
indicated:
A person who has ceased to attend school, does not attend a public
or private school, technical college or home-based private educational program
on a full-time basis, has not graduated from high school and does not have
an acceptable excuse under Wis. Stat. § 118.15(1)(b) through (d)
or (3).
A person who is absent from school without an acceptable excuse under
Wis. Stat. §§ 118.15 and 118.16(4) (the school's written
attendance policy) for part or all of five or more days on which school is
held during a semester.
Any absence of part or all of one or more days from school during
which the school attendance officer, principal or teacher has not been notified
of the legal cause of such absence by the parent or guardian of the absent
pupil, subject to the limits of Wis. Stat. § 118.15(3)(c), and also
means intermittent attendance carried on for the purpose of defeating the
intent of Wis. Stat. § 118.15
A person who is absent from school without an acceptable excuse under
Wis. Stat. §§ 118.15 and 118.16(4) (the school's written
attendance policy) for part or all of any day on which school is held during
a semester.
Pursuant to Wis. Stat. § 118.15, all persons between the ages
of six and 18 shall attend school. No person under the age of 18 shall be
a truant, habitual truant or a dropout.
Upon a finding that a person has violated this article, the court shall
enter a dispositional order that may include any one or more of the following,
as appropriate:
A.
Truant.
(1)
An order that the person attend school.
(2)
Forfeitures:
(a)
First violation: not more than $50 plus costs.
(b)
Second or subsequent violation within 12 months of a
previous violation: not more than $100 plus costs.
(c)
Forfeitures are subject to Wis. Stat. § 938.37,
and may not exceed a cumulative amount of $500 for all violations committed
during a semester. All or part of the forfeiture plus costs may be assessed
against the person, the parents or guardians of the person, or both.
B.
Habitual truant.
(1)
An order that the person attend school.
(2)
A forfeiture of not more than $500 plus costs, subject
to Wis. Stat. § 938.37. All or part of the forfeiture plus costs
may be assessed against the person, the parents or guardians of the person,
or both.
(3)
Suspension of the person's operating privilege for
not less than 30 days nor more than one year. The court shall immediately
take possession of the suspended license and forward it to the Department
of Transportation, along with notice of the reason for and duration of the
suspension.
(4)
An order that the person participate in counseling, a
supervised work program or other community service work as provided in Wis.
Stat. § 118.163(2)(b). The cost of the counseling, program, or community
service work may be assessed against the person, the parents or guardians
of the person, or both.
(5)
An order that the person remain at home except during
religious worship or school programs. Such order may allow the person to leave
his or her home if accompanied by a parent or guardian.
(6)
An order that the person attend an educational program
as provided in Wis. Stat. § 118.163(2)(d).
(7)
An order that the Department of Workforce Development
revoke the person's work permit, as provided in Wis. Stat. § 118.163(2)(e).
(8)
Any other reasonable conditions consistent with this
article, including a curfew, restrictions on associating with other children
or adults, and on going to or remaining on specified premises.
(9)
An order placing the person on formal or informal supervision
for up to one year, as provided in Wis. Stat. § 118.163(2)(j).
(10)
An order that the person's parent, guardian or legal
custodian participate in counseling (at the parent's, guardian's
or legal custodian's own expense) or attend school with the person, or
both.
C.
Dropout. The court may suspend the operating privilege
of a person who is at least 16 but is less than 18 years of age and is a dropout.
The court may suspend the person's operating privilege until the person
reaches the age of 18. The court shall immediately take possession of the
suspended license and forward it to the Department of Transportation, along
with notice of the reason for and duration of the suspension.
A.
A law enforcement agency may certify to the school district
in writing that a student is under investigation for truancy and may obtain
the student's attendance record pursuant to Wis. Stat. § 118.125(2)(cg).
The school district clerk who discloses the attendance record to the law enforcement
agency shall notify the student's parent or guardian of that disclosure
as soon as practicable after the disclosure.
B.
A court may order a school district to provide a list
of persons known to be dropouts to the court. The court may request that the
Department of Transportation assist it to determine which dropouts have operating
privileges.
A.
A person who is under 17 years of age on the date of
disposition is subject to Wis. Stat. § 938.342.
B.
Pursuant to Wis. Stat. § 938.17(2), the Municipal
Court has jurisdiction to enter dispositional orders under Wis. Stat. § 938.342,
and to impose sanctions for violation of dispositional orders under Wis. Stat.
§ 938.355(6m), regardless of the juvenile's age in proceedings
for habitual truancy, and for juveniles aged 12 and over in all other proceedings
under this article.
A.
Violation of conditions of a dispositional order. Pursuant
to Wis. Stat. § 938.17(2)(cm), the Municipal Court may impose any
combination of the sanctions authorized under Wis. Stat. § 938.355(6m)
for violation of a dispositional order entered under this article.
B.
Penalties may become judgments. Pursuant to Wis. Stat.
§ 895.035, if a juvenile or a parent with custody of a juvenile
fails to pay a forfeiture and/or costs as ordered by the Municipal Court,
or if a juvenile fails to pay a surcharge as ordered by the Municipal Court,
or if it appears likely that the juvenile or the parent will not pay the forfeiture,
costs and/or surcharge as ordered, the Village Attorney or the law enforcement
agency that issued the citation to the juvenile may petition the Municipal
Court to order that the amount of the forfeiture, surcharge and/or costs unpaid
by the juvenile or parent be entered and docketed as a judgment against the
juvenile and the parent with custody of the juvenile in favor of the Village.
The petition under this section may be filed after the expiration of the dispositional
order under which the forfeiture, costs or surcharge is payable, but no later
than one year after the expiration of the dispositional order or any extension
of the dispositional order.
A.
Any person who, by an act or by omission, knowingly encourages or contributes to the truancy of another, as defined in § 159-11 or as defined in Wis. Stat. § 118.16(1)(c), shall be in violation of this article of the Code, whether or not the truant child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant. This subsection does not apply to a person who has under his control a child who has been sanctioned under Wis. Stat. § 49.26(1)(h).
