[HISTORY: Adopted by the Board of Supervisors of Grant County 8-16-2005
by Ord. No. 38. Amendments noted where applicable.]
A.
No person under 18 years of age residing within the boundaries
of Grant County may be truant from school.
B.
No person under 18 years of age residing within the boundaries
of Grant County may be habitually truant from school.
C.
No person residing within the boundaries of Grant County
who is under the age of 18 years may drop out of school.
D.
No parent or guardian of a child under 18 years of age
residing within the boundaries of Grant County shall allow his or her child
or minor ward to be truant from school. No parent or guardian of a child under
18 years of age residing within the boundaries of Grant County shall allow
his or her child or minor ward to be habitually truant from school.
Any person found violating any of the provisions of § 254-1 of this chapter may be issued a citation by any law enforcement officer of Grant County, Wisconsin. Any citation shall provide for the information required by § 66.0113, Wis. Stats.
A.
Any person convicted of violating § 254-1A of this chapter which prohibits a person under age 18 years of age from being truant from school can be ordered by the court to attend school and can be ordered to pay a forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed by the person during a school semester. All or part of the forfeiture plus costs may be assessed against the violator, the parent/parents or guardian of the person, or both.
B.
A person convicted of violating § 254-1B of this chapter which prohibits a person under age 18 years of age from being habitually truant from school can be subject to one or more of the following sanctions:
(1)
The violator's operating privileges can be suspended
by the court for not less than 30 days nor more than one year. The court shall
immediately take possession of any suspended license and forward it to the
Wisconsin Department of Transportation, together with a notice stating the
reason for and the duration of the suspension.
(2)
The violator can be ordered by the court to attend school.
(3)
The violator can be ordered to pay a forfeiture of not
more than $500 plus costs, subject to § 938.37, Wis. Stats. All
or part of the forfeiture plus costs may be assessed against the violator,
the parent/parents or guardian of the violator, or both.
(4)
The violator may be ordered by the court to remain at
home except during hours in which the violator is attending religious worship
or a school program, including travel time required to get to and from the
school program or a place of worship. The order may permit the violator to
leave his or her home if the violator is accompanied by a parent or guardian.
(5)
An order can be entered by the court for the Department
of Workforce Development to revoke under § 103.72, Wis. Stats.,
a permit under § 103.70, Wis. Stats., authorizing employment of
the violator.
(6)
An order can be entered by the court setting reasonable
conditions consistent with this chapter, such as a curfew, restrictions as
to going to or remaining on specified premises and restrictions on associating
with other children or adults.
(7)
An order can be entered for the violator's parent/parents
or guardian to participate in counseling at the parent's/parents' or guardian's
own expense or to attend school with the violator, or both.
(8)
An order can be entered requiring the violator to participate
in counseling or a supervised work program or other community service work
as described in § 938.34(5g), Wis. Stats. The cost of any such counseling,
a supervised work program or other community service work may be assessed
against the violator, the parent/parents or guardian of the person, or both.
C.
If a court finds that a child has violated § 254-1C of this chapter which prohibits any person under the age of 18 years from dropping out of school, the court can suspend the operating privilege of a person who is at least 16 years of age but 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 years. The court shall immediately take possession of any suspended license and forward it to the Department of Transportation together with a notice stating the reason for and the duration of the suspension. The court may order a school district to provide to the court a list of all persons who are known to the school district to be dropouts and who reside within Grant County. Upon request, the Department of Transportation shall assist the court to determine which dropouts have operating privileges. The court may also order a child who is under 17 years of age and who is a dropout in violation of this chapter to be subject to one or more of the dispositions specified under Subsection B(1) through (8) of this section if the court finds that suspension of the violator's operating privilege as defined in § 340.01(40), Wis. Stats., until the violator reaches the age of 18 years would cause an undue hardship to the violator or the violator's family.
D.
Any person convicted of violating § 254-1D which prohibits a parent or guardian of a child under age 18 years of age from allowing his or her child or minor ward to be truant from school can be ordered by the court to pay a forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed by the person during a school semester.
E.
Any person convicted of violating § 254-1E
which prohibits a parent or guardian of a child under 18 years of age from
allowing his or her child or minor ward to be habitually truant from school
can be ordered by the court to pay a forfeiture of not more than $500 plus
costs. A court could also order the parent/parents or guardian to participate
in counseling at the parent's/parents' or guardian's own expense or to attend
school with the child/minor ward, or both. The court can also order the parent/parents
or guardian to pay for the costs of his or her child or minor ward participating
in counseling, a supervised work program, or other community service work.
This chapter may be enforced in Grant County, including but not limited
to any part of any city, town or village located in Grant County regardless
of whether or not said city, village or town has enacted its own truancy and/or
dropout ordinance.
The District Attorney's office is authorized to handle any citation
actions filed for violations of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Ceasing 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 § 118.15, Wis. Stats.
Absent from school without an acceptable excuse under §§ 118.16
and 118.15, Wis. Stats., for part or all of five or more days on which school
is held during a school semester.
Has the meaning given in § 340.01(40), Wis. Stats.
Absent from school without an acceptable excuse under §§ 118.15
and 118.16, Wis. Stats., for part or all of any day on which school is held
during a school semester.
A.
The cash deposit which can be posted for a violation of § 254-1A of this chapter is the sum of $50 for a first violation plus statutory costs, including but not limited to the penalty assessments, the jail assessments, and the crime laboratories and drug enforcement assessments. For a second or subsequent violation of § 254-1A of this chapter within 12 months of a previous violation, the cash deposit is $100 plus statutory costs, including but not limited to the penalty assessments, the jail assessments, and the crime laboratories and drug enforcement assessments.
B.
The cash deposit which can be posted for a violation of § 254-1B of this chapter is $500 plus statutory costs, including but not limited to the penalty assessments, the jail assessments, and the crime laboratories and drug enforcement assessments.
C.
The cash deposit which can be posted for a violation of § 254-1C of this section is $500 plus statutory costs, including but not limited to the penalty assessments, the jail assessments, and the crime laboratories and drug enforcement assessments for a child under 17 years of age. A child who has turned 17 years of age must attend court to determine the disposition of his or her citation and cannot post a cash deposit in lieu of attending court.
D.
The cash deposit which can be posted for a violation of § 254-1D of this chapter is the sum of $50 for a first violation plus statutory costs, including but not limited to the penalty assessments, the jail assessments, and the crime laboratories and drug enforcement assessments. For a second or subsequent violation of § 254-1D of this chapter within 12 months of a previous violation, the cash deposit is $100 plus statutory costs, including but not limited to the penalty assessments, the jail assessments, and the crime laboratories and drug enforcement assessments.
E.
The cash deposit which can be posted for a violation
of § 254-1E of this chapter is $500 plus statutory costs, including
but not limited to the penalty assessments, the jail assessments, and the
crime laboratories and drug enforcement assessments. Cash deposits, costs
and assessments shall be paid to the Clerk of Circuit Court for Grant County
located in Lancaster, Wisconsin. The Clerk of Circuit Court for Grant County
shall issue receipts for cash deposits, costs and assessments paid under this
chapter. If the violator is under 14 years of age, the cash deposit to be
paid by the child shall not include the penalty assessments, jail assessments,
or crime laboratories and drug enforcement assessments.
In the event that the State of Wisconsin makes any subsequent changes
in the truancy statutes or other statutes regarding the definitions, costs,
and prohibitions applicable to the truancy law after passage of this chapter,
said changes in the Wisconsin State Statutes applicable to the truancy law
regarding the definitions, costs, and prohibitions are hereby automatically
incorporated into this chapter without further action by the Grant County
Board of Supervisors.