§ 38-73. Procedure for issuance of citations.

The sheriff's office is authorized to issue a citation to any such student who is truant or a habitual truant or against a parent or guardian under the terms of this article.

(1)

Prior to the issuance of any citation, the law enforcement personnel shall determine whether the school officials have done the following:

a.

Met with the child's parent or guardian to discuss the child's truancy or attempted to meet with the child parent or guardian and received no response or were refused.

b.

Provided an opportunity for educational counseling to the child to determine whether a change in the child's curriculum would resolve the child's truancy and have considered curriculum modification under Wis. Stats. § 118.15(1)(9d).

c.

Evaluated the child to determine whether learning problems are the cause of the truancy and, if so, have taken steps to overcome the learning problems, except that the child need not be evaluated if tests administered to the child within the previous year indicate that the child is performing at his or her grade level.

d.

Conducted an evaluation to determine whether social problems may be a cause of the child's truancy and, if so, have taken appropriate action or made appropriate referrals.

(2)

Subsection (1)a. does not apply if a meeting as required under Wis. Stats. § 118.16(2)(cg)3 is not held within ten school days after the date that the notice under Wis. Stats. § 118.16((2)(cg) is sent. Subsections (1)b., c. and d. do not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the child's absences from school.

(3)

Any citation issued shall be returnable to the circuit court in the same manner as all ordinance citations are returnable. Any citation issued for habitual truancy is to state on its face that this is a "must appear" citation and no forfeiture amount is to be written on the face of the citation. For any citation issued for truancy, for purposes of posting a cash deposit, a forfeiture amount may be written on the face of the citation, as follows:

a.

For the first violation of the provisions of subsection 38-72(b), the sum of $50.00 plus costs, assessments and fees as provided in the Civil Forfeiture Table effective September 1, 2001, and as amended from time to time.

b.

For the second or subsequent violation of subsection 38-72(b) committed within 12 months of a previous violation, the sum of $100.00 plus costs, assessments and fees as provided in the Civil Forfeiture Table effective September 1, 2001, and as amended from time to time.

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