[HISTORY: Adopted by the Board of Supervisors of Adams County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-1999 by Ord. No. 20-1999]
For purpose of this article, the following terms shall have
the meanings indicated:
Has the meaning as defined in §§ 118.15 and
118.16(4), Wis. Stats. Any future amendment of said statutory definition
is hereby adopted and incorporated herein as if fully set forth, as
of the effective date of any such future statutory amendment.
A pupil who is absent from school without an acceptable excuse
part or all of five or more days on which school is held during a
school semester.
Has the meaning as defined in § 340.01(40), Wis.
Stats. Any future amendment of said statutory definition is hereby
adopted and incorporated herein as if fully set forth, as of the effective
date of any such future statutory amendment.
A pupil who is absent from school without an acceptable excuse
for part or all of any day on which school is held during a school
semester.
The County of Adams by this article does prohibit any person
under 18 years of age within its jurisdiction from being truant as
that term is defined in this article. The Adams County Sheriff's Office
is authorized to issue a citation to any such person found within
Adams County who is determined to be truant under the terms of this
article, the parents or guardian of such person, or both. Any citation
issued shall be returnable in the Circuit Court of Adams County in
the same manner as all ordinance citations are returnable.
Upon finding the pupil truant, the Court may impose one or more
of the following dispositions as provided in § 118.163(1m),
Wis. Stats.:
A.
An order for the pupil to attend school.
B.
A forfeiture of not more than $50 plus costs for a first violation,
or a forfeiture of not more than $100 plus costs for any second or
subsequent violation committed within 12 months of a previous violation,
subject to § 938.37, Wis. Stats., and subject to a maximum
cumulative forfeiture amount of not more than $500 for all violations
committed during a school semester. All or part of the forfeiture
plus costs may be assessed against the pupil, the parents or guardian
of the pupil, or both.
C.
Any other dispositions provided for in § 118.163(1m), Wis.
Stats. Any future amendment(s) of § 118.163(1m), Wis. Stats.,
is hereby adopted and incorporated herein as if fully set forth, as
of the effective date of any such future amendment.
Adams County by this article does prohibit any person under
18 years of age within its jurisdiction from being a habitual truant
as that term is defined in this article. The Adams County Sheriff's
Office is authorized to issue a citation to any such person found
within Adams County who is determined to be habitually truant under
the terms of this article, the parents or guardian of such person,
or both.
A.
Prior to this issuance of any citation, the law enforcement personnel
shall determine whether the school officials have done the following:
(1)
Met with the pupil's parent or guardian to discuss the pupil's truancy
or attempted to meet with the pupil's parent or guardian and received
no response or were refused. This requirement does not apply if a
meeting under § 118.16(2)(cg)3, Wis. Stats., is not held
within 10 school days after the date notice under § 118.16(2)(cg),
Wis. Stats., was sent.
(2)
Provided an opportunity for educational counseling to the pupil to
determine whether a change in the pupil's curriculum would resolve
the pupil's truancy and considered curriculum modifications. This
requirement does not apply if school personnel were unable to carry
out the activity due to the pupil's absences from school.
(3)
Evaluated the pupil to determine whether learning problems are a
cause of the truancy and, if so, taken steps to overcome the learning
problems, except that the pupil need not be evaluated if tests administered
to the pupil within the previous year indicate that the pupil is performing
at his or her grade level. This requirement does not apply if school
personnel were unable to carry out the activity due to the pupil's
absences from school.
(4)
Conducted an evaluation to determine whether social problems are
a cause of the pupil's truancy and, if so, taken appropriate action
or made appropriate referrals. This requirement does not apply if
school personnel were unable to carry out the activity due to the
pupil's absences from school.
B.
Any citation issued shall be returnable in the Circuit Court of Adams
County in the same manner as all ordinance citations are returnable.
The citation is to state on its face that this is a "must appear"
citation.
Upon finding the pupil habitually truant, the Court may impose
one or more of the following dispositions:
A.
Suspension of the pupil's operating privileges for not less than
30 days nor more than one year. The Court may take possession of any
suspended license. If the Court takes possession of a license, it
shall destroy the license. The Court shall forward to the Department
of Transportation a notice stating the reason for and the duration
of the suspension.[1]
B.
An order for the pupil to participate in counseling or a supervised
work program or other community service work as described in § 938.34(5g),
Wis. Stats. All or part of the costs of any such counseling, supervised
work program or other community service work may be assessed against
the pupil, the parents or guardian of the pupil, or both.
C.
An order for the pupil 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 pupil to leave his or her home
if the pupil is accompanied by a parent or guardian.
D.
An order for the pupil to attend an educational program as described
in § 938.34(7d), Wis. Stats.
F.
An order for the pupil to attend school.
G.
A forfeiture of not more than $500 plus costs, subject to § 938.37,
Wis. Stats. All or part of the forfeiture plus costs may be assessed
against the pupil, the parent or guardian of the pupil, or both.
H.
Any other reasonable conditions consistent with § 118.163(2),
Wis. Stats., including a curfew, restrictions as to going to or remaining
on specified premises and restrictions on associating with other children
or adults.
I.
An order for the pupil's parent(s), 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 pupil, or both.
J.
An order for the pupil to be placed in a teen court program as described
in § 938.342(1g)(f), Wis. Stats.
K.
An order placing the pupil under formal or informal supervision as
described in § 938.34(2), Wis. Stats., for up to one year.
L.
Any other disposition authorized under § 118.163(2), Wis.
Stats., or future amendment(s) of said statute. Any disposition authorized
by such future statutory amendment(s) is hereby adopted and incorporated
herein as if fully set forth, as of the effective date of any such
future amendment(s) of said statute.
