(a) Definitions. For the purpose of this Section, the following definitions shall be applicable:
(1) Acceptable Excuse.
Permission of the parent/guardian/legal custodian of the pupil, within limits of policies on truancy established by the school in which the pupil is enrolled. Except in emergencies or unforeseeable circumstances, such permission is expected to be communicated in writing from the parent/guardian/legal custodian to the school, prior to the absence. In emergencies or unforeseeable circumstances, such communication is expected to be as soon as practicable following the absence.
(2) Dropout.
A child 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 Sec. 118.15(1)(b) to (d) or (3), Wis. Stats.
(3) Habitual Truant.
A pupil who is absent from school without an acceptable excuse under Secs. 118.15 and 118.16(4), Wis. Stats., for part or all of five (5) or more days on which school is held during a school semester.
(4) Truant.
A pupil who is absent from school without an acceptable excuse under Secs. 118.15 and 118.16(4), Wis. Stats, for part or all of any day on which school is held during a school semester.
(b) Truancy. No person under eighteen (18) years of age shall be truant. Upon conviction thereof, the following dispositions are available to the court:
(1) An order for the person to attend school.
(2) A forfeiture of not more than Fifty Dollars ($50.00) plus costs for a first violation, or a forfeiture of not more than One Hundred Dollars ($100.00) plus costs for any second subsequent violation committed within twelve (12) months of a previous violation, subject to Sec. 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture of not more than Five Hundred Dollars ($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.
(1) No person under eighteen (18) years of age shall be a habitual truant.
(2) If the court determines that a person is a habitual truant, the court may order one or more of the following dispositions:
a. Suspension of the person's operating privilege for not less than thirty (30) days nor more than one (1) year. The court shall immediately talce possession of any suspended license and forward it to the Wisconsin Department of Transportation together with a notice stating the reason for and the duration of the suspension.
b. An order for the person to participate in counseling or a supervised work program or other community service work as described in Sec. 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.
c. 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/her home if the child is accompanied by a parent or guardian.
d. An order for the person to attend an educational program as described in Sec. 938.34(7d), Wis. Stats.
e. An order for the Wisconsin Department of Work Force Development to revoke, under Sec. 103.72, Wis. Stats, a permit under Sec. 103.70, Wis. Stats., authorizing the employment of the person.
f. An order for the person to be placed in a teen court program as described in Sec. 938.342(1g)(f), Wis. Stats.
g. An order for the person to attend school.
h. A forfeiture of not more than Five Hundred Dollars ($500.00) plus costs, subject to Sec. 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.
i. An order placing the person under formal or informal supervision, as described in Sec. 938.34(2), Wis. Stats., for up to one (1) year.
j. 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.
k. 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.
(d) Dropouts.
(1) No person who is at least sixteen (16) years of age but is less than eighteen (18) years of age may be a dropout.
(2) If the court determines that a person is at least sixteen (16) years of age but is less than eighteen (18) years of age and is a dropout, the court may suspend the person's operating privilege until the person reaches the age of eighteen (18). The court shall immediately take possession of any suspended license and forward it to the Wisconsin Department of Transportation, together with a notice stating the reason for and the duration of the suspension.
(e) Dispositional Orders and Sanctions. The court is hereby authorized to exercise each and every kind of authority granted to courts under Wisconsin law. Specifically, the court is hereby authorized to exercise the authority granted to it in Sec. 938.355, Wis. Stats., and is hereby authorized to exercise the authority granted it in Sec. 938.355(6m), Wis. Stats.
(f) Adopted Terms. As used in this Section, the terms "truant", "habitual truant", "operating privilege", and "dropout" have the meanings provided in Sec. 118.163, Wis. Stats. Those definitions are hereby adopted and incorporated herein as if fully set forth. Any future amendment of any such definition is hereby adopted and is incorporated herein as if fully set forth as the effective date of such future amendment.
(g) Failure to Cause a Child to Attend School Regularly.
(1) Unless the child is excepted or excused under Sec. 118.15, Wis. Stats., or has graduated from high school, any person having under his/her control a child who is between the ages of 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.
(2) This Section does not apply:
a. To a person who has under his/her control a child who has been sanctioned under Sec. 49.26(1)(h), Wis. Stats.
b. To a person who proves that he/she is unable to comply with the requirements of this Section because of the disobedience of the child, in which case the action shall be dismissed and the juvenile officer or law enforcement authority shall refer the case to the District Attorney's Office.
c. Unless evidence has been provided by the school attendance office that the activities under Sec. 118.16(5), Wis. Stats., have been completed or were not required to be completed as provided in Sec. 118.l 6(5m), Wis. Stats.
(h) Contributing to Truancy.
(1) Except as provided in Subsection (h)(2) below, any person eighteen (18) years of age or older, who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in Subsection (h)(4), of a juvenile shall be subject to a forfeiture pursuant to Section 1-1-6.
(2) Subsection (I) above does not apply to a person who has under his or her control a juvenile who has been sanctioned under Sec. 49.26(l)(h), Wis. Stats.
(3) An act or omission contributes to the truancy of a child, whether or not the juvenile is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the juvenile to be a truant.
(4) "Truancy" means any absence of part or all of one (I) 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 legal guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of Sec. 118.15, Wis. Stats.
(i) Parent or Legal Guardian Liability for Truancy.
(1) Unless the juvenile is excepted or excused under Sec. 118.15, Wis. Stats., or has graduated from high school, any person having under control a juvenile who is between the ages of six (6) and eighteen (18) years shall cause the juvenile to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the juvenile should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the juvenile becomes eighteen (18) years of age.
(2) a. A person found to have violated Subsection (i)(l) above, after evidence is provided by a school official that the activities under Sec. 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture pursuant to Section 1-1-6.
b. Subsection (i)(2)a above does not apply to a person who has under his or her control a juvenile who has been sanctioned under Sec. 49.26(1)(h), Wis. Stats., nor does it apply if the person proves that he or she is unable to comply with Subsection (i)(l) because of the disobedience of the juvenile.