§ 38-72. Truancy and school dropouts.

(a)

In this section:

(1)

Dropout has the meaning given in Wis. Stats. § 118.153(1)(b).

(2)

Truant means 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.

(3)

Habitual truant means 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 five or more days on which school is held during a school semester.

(b)

A child adjudged a truant shall be subject to the following dispositions of the 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 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)

A child adjudged a habitual truant shall be subject to the following dispositions of the court:

(1)

Suspension of the person's operating privilege for not less than 30 days or more than one year. The court shall immediately take possession of the 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.

(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.

(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 person is accompanied by a parent or guardian.

(4)

An order for the person to attend an educational 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 issued 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 the 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(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.

(Ord. of 6-18-02(2))

State law reference

Similar provisions, Wis. Stats. § 118.163.