Green Lake County, WI Chapter 248 Truancy

[HISTORY: Adopted by the Board of Supervisors of Green Lake County 7-18-1989 by Ord. No. 392-89. Amendments noted where applicable.]

§ 248-1 Contributing to truancy.

A. Except as provided in Subsection B, any person 18 years of age or older who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in Subsection D, of a child shall be subject to a forfeiture not to exceed $500.

B. Subsection A does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.

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.

D. "Truancy" means any absence of part 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 § 118.15, Wis. Stats.

§ 248-2 Parent or guardian liability for truancy.

[Added 7-18-1989 by Ord. No. 393-89]

A. Unless the child is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under control a child who is between the ages of six and 18 years shall cause the child to attend school regularly during the full period of 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 18 years of age.

B. Violations and penalties.

(1) A person found to have violated Subsection A, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture not to exceed $500.

(2) Subsection B(1) does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats., nor does it apply if the person proves that he or she is unable to comply with Subsection B(1) because of the disobedience of the child.

§ 248-3 Habitual truancy.

[Added 7-18-1989 by Ord. No. 394-89]

A. No child subject to school attendance laws shall be a habitual truant as defined in this section.

B. For purposes of this section, "habitual truant" means a pupil who is absent from school without an acceptable excuse under §§ 118.16(4) and 118.15, Wis. Stats., for part or all of five or more days on which school is held during a school semester.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. A child found to be a habitual truant as defined in Subsection B, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to one or more of the following dispositions:

(1) Suspension of the child's motor vehicle operating privileges as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than 90 days. The judge shall immediately take possession of the 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 under § 938.34(5g), Wis. Stats.

(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 place of worship or school program. The order may permit a child to leave his or her home if the child is accompanied by a parent or guardian.

(4) An order for the child to attend an educational program under § 48.345(12), Wis. Stats.