[HISTORY: Adopted by the Village Board of the Village of Shorewood 10-19-1998 by Ord. No. 1775 (Ch. 13, Art. 16 of the 1986 Code). Amendments noted where applicable.]
Section 118.163(2), Wis. Stats., authorizes the Village of Shorewood to adopt a municipal truancy ordinance based on Juvenile Code §§ 938.17(2)(a), (d) and (g) and 48.432, Wis. Stats. Section 938.17(2)(a)1, Wis. Stats., further authorizes the Municipal Court to exercise jurisdiction in proceedings for a violation of an ordinance enacted under § 118.163(2), Wis. Stats., and impose additional alternative dispositions, regardless of the student's age and regardless of whether the court assigned to exercise jurisdiction under Chs. 938 and 48 has jurisdiction under § 938.13(6), Wis. Stats.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- ACCEPTABLE EXCUSE
- Has the meaning as defined in §§ 118.15 and 118.16(4), Wis. Stats.
- ACT OF COMMISSION OR OMISSION
- Anything that contributes to the truancy of a student, whether or not the student is adjudged to be in need of protection or services, if the natural and probable consequences of that act would be to cause the student to be truant.
- HABITUAL TRUANT
- A student 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.
- 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 student; intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats., shall also be considered truancy.
Any person attending or required to attend school in the Village of Shorewood between the ages of six and 18 years, subject to the exceptions found under § 118.15, Wis. Stats., is prohibited from becoming a habitual truant as the term is defined in this chapter. Any police officer in this Village is authorized to issue a citation to any such person who is determined to be a habitual truant under the terms of this chapter.
Preconditions to issuance of citation. Prior to the issuance of any citation, the Shorewood District School Attendance Officer shall provide evidence to the Shorewood Police Department that appropriate school personnel in the school in which the student is enrolled have within the school year during which the truancy occurred:
Met with the child's parent or guardian to discuss the child's truancy or attempted to meet with the child's parent or guardian and received no response or were refused.
Provided an opportunity for educational counseling to the student and considered curriculum modifications.
Evaluated the student to determine whether learning problems are the cause of the truancy and, if so, taken steps to overcome the learning problems.
Conducted an evaluation to determine whether social problems are the cause of the student's truancy and, if so, taken appropriate action or made appropriate referrals.
Form of citation. Any citation issued shall be returnable in the Shorewood Municipal Court in the same manner as all other 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 student habitually truant, the Shorewood Municipal Court shall enter an order making one or more of the following dispositions:
Suspension of operating privileges. Suspend the student's operating privilege as defined in § 340.01(40), Wis. Stats., 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 of the State of Wisconsin, together with a notice setting forth the reason for and the duration of the suspension.
Counseling, service or work program. Order the student to participate in counseling, a supervised work program or other community service work under § 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service may be assessed against the student, the parents or guardian of the student, or both.
In-house restraint. Order the student to remain at home except for the hours in which the student is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit the student to leave the home if the student is accompanied by a parent or guardian.
Educational program. Order the student to attend an educational program as described in § 938.34(7d), Wis. Stats.
Employment permit revocation. Order the Department of Workforce Development to revoke, under § 103.72, Wis. Stats., a permit under § 103.70, Wis. Stats., authorizing the employment of the student.
Teen court program. Order the student to be placed in a teen court program if all of the following conditions apply:
The chief judge of the judicial administrative district has approved a teen court program established in the student's county of residence and the judge determines that participation in the teen court program will likely benefit the student and the community.
The student admits or pleads no contest in open court, with the student's parent, guardian or legal custodian present, to the allegations that the student violated the municipal ordinance enacted under § 118.163(2), Wis. Stats.
The student has not successfully completed participation in a teen court program during the two years before the date of the alleged municipal ordinance violation.
Order to attend school. An order for the student to attend school.
Forfeiture. A forfeiture of not more than $500 plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture may be assessed against the student, the parents or guardian of the student, or both.
Condition. Any other reasonable conditions consistent with this section, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
Supervision. Any order placing the student under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.
An order for the student's parents, guardian, or legal custodian to participate in counseling at the parents', guardian's or legal custodian's expense or to attend school with the student, or both.
No order to any person under Subsection K(1). may be entered until the person is given an opportunity to be heard on the contemplated order of the Court. The Court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the Court. At the hearing, the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a Court under Subsection A(1) may be proceeded against for contempt of court.
Any person having under his/her control a child who is between the ages of six and 18, subject to the exceptions found in § 118.15, Wis. Stats., shall cause the child to enroll as a student and to attend school regularly during the full period and hours that the public or private school in which the student shall be enrolled is in session until the end of the school term, quarter or semester of the school year in which the student becomes 18 years of age.
A person will not be found in violation of this section if that person can prove that he or she is unable to comply with the provisions of this section because of the disobedience of the student. The student shall be referred to the court assigned to exercise jurisdiction over juveniles under Chs. 48 and 938, Wis. Stats.
A person will not be found in violation of this section if he or she has a student under his or her control and the student has been sanctioned under § 49.26(1)(h), Wis. Stats.
Proof required for exacting a penalty. Before a person may be found guilty of violating this section, the school attendance officer must present evidence to the court that the activities under § 118.16(5), Wis. Stats., have been completed by the school system or were not required to be completed as provided in § 118.16(5m), Wis. Stats. If that evidence has been presented to the court, and if the court finds a person guilty of violating this section, a forfeiture may be assessed as hereinafter provided.
Any person 18 years of age or older is hereby prohibited from performing any act of commission or omission which act encourages or contributes to a student's truancy from school.
This section does not apply to a person who has under his or her control a student who has been sanctioned under the provisions of § 49.26(1)(h), Wis. Stats.
References to specific statutory sections whenever used in this chapter shall mean the Wisconsin Statutes as from time to time may be amended, modified, repealed or otherwise altered by the State Legislature.
Any person who shall be found guilty of violating any of the provisions of § 485-5 or 485-6 for which a specific penalty is not provided shall, upon conviction thereof, be subject to a forfeiture of not less than $50 nor more than $2,000, together with the cost of prosecution for each offense, and in default of the payment of such forfeiture and costs shall be imprisoned in the county jail of Milwaukee County until said forfeiture and costs together with subsequent costs are paid, but in no event more than 90 days. Each day a violation continues shall constitute a separate offense.