16.45 PROHIBITION AGAINST HABITUAL TRUANCY. (Ord. 00-09).

(1)    No person shall be truant or habitually truant from school.

(2)    For purposes of enforcing this section, Section 118.15, Section 118.16 and Section 118.163 Wis. Stats., including all definitions and all amendments thereto are hereby adopted.

(3)    PENALTY. Any child who violates any provision of this section shall be subject to one or more of the following dispositions and orders of the Court, pursuant to Sections 118.163 (1m) or 118.163 (2), Wis. Stats., as from time to time amended:

(a)    For truants, an order for the person to attend school, 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 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.

(b)    For habitual truants:

1.    Suspension of the person’s operating privilege for not less than 30 days nor more than 1 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 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 Section 938.34 (5g) Wis. Stats. 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.

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 or her home if the child is accompanied by a parent or guardian.

4.    An order for the person to attend an educational program as described in Section 934.34 (7d) Wis. Stats.

5.    An order for the Department of Work Force Development to revoke, under Section 103.72, Wis. Stats. a permit under Section 103.70 Wis. Stats., authorizing the employment of said child support.

6.    An order for the person to be placed in a teen court program that’s described in Section 938.342 (1g) f Wis. Stats.

7.    An order for the child to attend school.

8.    A forfeiture of not more than $500 plus costs. All or part of the forfeiture 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 Section 938.34 (2), 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.

12.    An order for the person to report to a youth report center after school, in the evening, on weekends, on other non-school days, or at any other time that the person is not under immediate adult supervision for participation in the social, behavioral, academic, community service, and other programming of the center as described in Section 938.342 (1g) (k).

Prosecution of this ordinance is subject to the requirements of Section 118.16(5) and Section 118.16(5m), Wis. Stats., regarding actions to be completed by the school attendance officer.

(4)    RESPONSIBILITY OF CUSTODIAL PARENTS FOR HABITUALLY TRUANT CHILDREN.

(a)    PURPOSE. The purpose of this section is to require proper supervision on the part of the custodial parents in order to reduce the number of habitually truant children in school and to reduce the number of absences due to habitual truancy.

(b)    DEFINITIONS. In this section:

1.    Child means a person who is less than 18 years of age, children under the age of 12, if evidence is presented that school officials complied with the requirements of Wis. Stats. 118.16(5) or were not required to comply under Wis. Stats. 118.16(5m).

2.    Custodial parent means a parent or legal guardian of a child who has custody of the child.

3.    Custody means either physical custody of a child under a court order under Wis. Stats. 767.23 or 767.24, custody of a child under a stipulation under Wis. Stats. 767.10, or actual physical custody of the child. Custody does not include legal custody, as defined under Wis. Stats. 48.02(12), by an agency or a person other than a child’s birth or adoptive parent. In determining which parent has custody of a child for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the child at the times that the child’s ordinance violations occurred.

4.    Parental responsibility means a custodial parent of a child residing with such custodial parent that shall meet his or her duty to supervise the child and properly ensure that the child is not habitually truant.

5.    Pupil means a child between the ages of six years and 18 years who is required to attend school regularly under the provisions of Wis. Stats. 118.15.

(c)    PROHIBITED CONDUCT. Unless the child is medically excused from attending school by a physician or licensed practitioner or has graduated from high school, or if the child has missed ten (10) days in a semester and has a written excuse provided by a licensed medical practitioner, any person having control of the child between the ages six (6) and eighteen (18) years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter, or semester of the school year in which the child becomes eighteen (18) years of age. If the child is found to be habitually truant under the definition in Section 118.16(1)(a), Wis. Stats., the parent shall be found guilty and punished as directed under subsection (d).

(d)    PENALTY. A parent of a pupil found by a court of competent jurisdiction of violating a provision of this section shall be subject to one or more of the following dispositional orders:

1.    The parent of a pupil shall be subject to forfeiture per subsection (3)(a).

2.    An order for the child to attend school or any other disposition including curfew that is consistent with Section 118.163(2) or 938.342(1d), Wis. Stats., as those statutes currently exist or are subsequently amended.

3.    A person found guilty under this section may also be ordered by the court to have the child attend school. If said child does not attend school, the parent may be held in contempt and may face additional penalties.