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:
DROPOUT
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).
HABITUAL TRUANT
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.
TRUANCY
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
TRUANT
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.