[Adopted as Sec. 9.06 of the former Municipal Codebook]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Section 118.163(2), Wis. Stats., authorizes the City of Reedsburg
to adopt a municipal truancy ordinance based on Juvenile Code §§ 938.02(8b),
938.13(6), 938.17(2)(a), (d), (g), and 938.342, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this article, the following terms shall have the
meanings indicated:
Has the meaning as defined in § 118.15, Wis. Stats.
A pupil who is absent from school without an acceptable excuse
for part or all of five or more days on which school is held during
a school semester.
The City of Reedsburg, by this article, does prohibit any student
within its jurisdiction from being an habitual truant, as that term
is defined in this article. The Reedsburg Police Department is authorized
to issue a municipal citation to any such student found within its
jurisdiction who is determined to be habitually truant under the terms
of this article.
A.
Prior to the issuance of any citation, the law enforcement personnel
shall determine whether the school officials have done the following:
(1)
Met with or attempted to meet with the child's parent or guardian
to discuss the child's truancy.
(2)
Provided an opportunity for educational counseling to the child and
considered curriculum modifications.
(3)
Evaluated the child to determine whether learning problems are a
cause of the truancy and, if so, taken steps to overcome the learning
problems.
(4)
Conducted an evaluation to determine whether social problems are
the cause of the child's truancy and, if so, taken appropriate action
or made appropriate referrals.
B.
Any citation issued shall be returnable in the Circuit Court of Sauk
County in the same manner as all ordinance citations are returnable.
The citation is to state on its face that this is a "must appear"
citation, and no forfeiture amount is to be written on the face of
the citation.
Upon finding the child habitually truant, the following dispositions
are available to the Court:
A.
Suspend the child's operating privileges as defined in § 340.01(40),
Wis. Stats., for not less than 30 and not more than 90 days. The Court
may take possession of any suspended license. If the Court takes possession
of a license, it shall destroy the license. The Court shall forward
to the Department of Transportation of the State of Wisconsin a notice
stating the reason for and duration of the suspension.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Order the child to remain at home except for the hours in which the
child is attending religious worship or a school program, including
travel time required to get from the school program or place of worship.
The order may permit a child to leave the home if the child is accompanied
by a parent or guardian.
C.
Order the child to attend an educational program as set forth in
§ 938.34(7n), Wis. Stats.
A.
Except as provided in Subsection B, no person 18 years of age or older may, by an act or omission, knowingly encourage or contribute to the truancy, as defined in Section 118.16(1)(c), Wisconsin Statutes, of a child.
B.
Subsection A does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
C.
An act or omission contributes to the truancy of a child, whether
or not the child is adjudged to be in need of protection or services,
if the natural and probable consequences of the act or omission would
be to cause the child to be truant.
