§ 28-139. Truancy.  


Latest version.
  • (a)

    Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

    Dropout has the meaning given in Wis. Stats. § 118.153(1)(b) as amended from time to time: "a child who 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. Stats. § 118.15(1)(b) to (d) or (3).

    Habitual truant has the meaning given in Wis. Stats. § 118.16(1)(a) as amended from time to time: "a pupil who is absent from school without an acceptable excuse under Wis. Stats. §§ 118.16(4) and 118.15 for part or all of five or more days on which school is held during a school semester."

    Truant has the meaning given in Wis. Stats. § 118.163(1)(d) as amended from time to time: "a pupil who is absent from school without an acceptable excuse under Wis. Stats. §§ 118.15 and 118.16(4) for part or all of any day on which school is held during a school semester."

    (b)

    Truancy prohibited. Pursuant to Wis. Stats. § 118.163(1m) as amended from time to time no person under the age of 18 years may be a truant. The following dispositions are available to Peshtigo Municipal Court:

    (1)

    An order for the person to attend school.

    (2)

    A forfeiture of not more than $50.00 plus costs for a first violation, or a forfeiture of not more than $100.00 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to Wis. Stats. § 938.37 and subject to a maximum cumulative forfeiture amount of not more than $500.00 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

    (c)

    Habitual truancy prohibited. Pursuant to Wis. Stats. § 118.163(2) as amended from time to time, no person under the age of 18 years may be a habitual truant. The following dispositions are available to Peshtigo Municipal Court:

    (1)

    A 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 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.

    (2)

    An order for the person to participate in counseling or a supervised work program or other community service work as described in Wis. Stats. § 938.34(5g). The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any County department of human services or social services, community agency, public agency or nonprofit charitable organization administering a supervised work program, or other community service work, to which a person is assigned, pursuant to an order under this subsection, acting in good faith, has immunity from any civil liability in excess of $25,000.00, for any act or omission by or impacting on the person.

    (3)

    An order for the person to remain at home except during hours in which the person 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 a person to leave his home if the person is accompanied by a parent or guardian.

    (4)

    An order for the person to attend an education program as described in Wis. Stats. § 938.34(7d).

    (5)

    An order for the Department of Workforce Development to revoke, under Wis. Stats. § 103.72, a permit under Wis. Stats. § 103.70 authorizing the employment of the person.

    (6)

    An order for the person to be placed in a teen court program as described in Wis. Stats. § 938.342(1g)(f).

    (7)

    An order for the person to attend school.

    (8)

    A forfeiture of not more than $500.00 plus costs, subject to Wis. Stats. § 938.37. All or part of forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

    (9)

    Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.

    (10)

    An order placing the person under formal or informal supervision, as described in Wis. Stats. § 938.34, for up to one year.

    (11)

    An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.

    (d)

    Drop out prohibited. Pursuant to Wis. Stats. § 118.163(2m)(a) no person at least 18 years of age, but not less than 18 years of age, may be a dropout. Regarding any person who meets this test, Peshtigo Municipal Court may suspend the person's operating privilege, until the person reaches the age of 18. 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.

(Ord. No. 2001-02, § I, 4-4-2001)