(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
HABITUAL TRUANT. A pupil who is absent from school without an acceptable excuse under Wis. Stats. § 118.15(4) for part or all of five or more days on which school is held during a school semester.
TRUANT. A student who is absent for part of 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, and also means intermittent attendance carried on for the purpose of defeating the intent of the compulsory school attendance laws of Wis. Stats. § 118.15.
(B) Truancy prohibited. Any school-age child is prohibited from being a truant and/or a habitual truant.
(C) First offense. The court is authorized to order the following disposition upon a finding of truancy:
(1) An order for the person to attend school;
(2) For a first violation, a forfeiture of not more than $50 plus statutorily authorized costs, assessments, surcharges and fees;
(3) For a second or subsequent violation committed within 12 months of a previous violation, a forfeiture of no more than $100 plus statutorily authorized costs, assessments, surcharges and fees, subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester; and
(4) All or part of the forfeiture plus costs, assessments, surcharges and fees may be assessed against the person, the parents or guardian of the person, or both.
(D) Habitual truancy. The court is authorized to order any of the following dispositions upon a finding of habitual truancy:
(1) Suspension of the child's operating privilege, as defined in Wis. Stats. § 340.01(4), for neither less than 30 days or more than 90 days. 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 child to participate in counseling, community service, or a supervised work program as provided under Wis. Stats. § 48.34(9);
(3) An order for the child to remain at home except during hours in which the child 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 child to leave his/her home if the child is accompanied by a parent or guardian;
(4) An order for the child to attend an educational program as described in Wis. Stats. § 938.34(5g);
(5) Any 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) A forfeiture of not more than $500 plus costs, assessments, surcharges and fees, subject to Wis. Stats. § 938.37. All or part of the forfeiture may be assessed against the person, the parents or guardian of the person, or both;
(8) Any other reasonable conditions consistent with Wis. Stats. § 118.163, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults;
(9) An order placing the person under formal or informal supervision, as described in Wis. Stats. § 938.34(2), for up to one year; and
(10) 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.
(E) School attendance. No person shall, having under his/her control a child who is between the ages of 6 and 18 years, allow that child to be in noncompliance with Wis. Stats. § 118.15.
(F) Contribution to truancy. No person, 18 years of age or older who, by any act or omission, shall knowingly encourage or contribute to the truancy of a child, as defined under Wis. Stats. § 118.16(1)(c). An act or omission contributes to the truancy of a child, whether or not the child 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 child to be truant.
(G) Penalty.
(1) Any person who violates any provision of this chapter for which another penalty is not provided shall be subject to a penalty in accordance with § 1.1.99.
(2) Any person, partnership, or corporation who violates any of the provisions of § 13.1.10 shall be subject to a forfeiture of not less than $100, and not more than $500 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this chapter constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage under Wis. Stats. § 125.12.
(3) Any person violating division (D) shall forfeit not more than $500, and in default of payment, shall be confined in the Taylor County Jail until the forfeiture is paid, but not to exceed 30 days, after evidence has been provided by the school attendance officer that the activities under Wis. Stats. § 118.16(5) have been completed. The penalty section does not apply to a person who has under his/her control a child who has been sanctioned under Wis. Stats. § 49.50(7)(h).
(4) Any person violating division (E) shall forfeit not more than $500, and in default of payment, shall be confined in the Taylor County Jail until the forfeiture is paid, but not to exceed 30 days. This penalty section does not apply to a person who has under his/her control a child who has been sanctioned under Wis. Stats. § 49.50(7)(h).
(5) Any person violating § 13.1.13 is subject to a forfeiture up to $250 for each violation.
(Ord. 27, passed 10-9-2012)