[HISTORY: Adopted by the Common Council of the City of Muskego 5-9-2023 by Ord. No. 1486. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Has the meaning as defined in Wis. Stats. §§ 118.15
and 118.16(4).
Anything that contributes to the truancy of a student, whether
or not the student is adjudged to be in need of protection or services,
if the natural and probable consequences of that act would be to cause
the student to be truant.
Has the meaning as defined in Wis. Stats. § 118.153(1)(b).
A student who is absent from school without an acceptable
excuse for part or all of five or more days on which school is held
during a school semester.
Any absence of part or all of one or more days from school
during which the school resource officer, attendance officer, principal
or teacher has not been notified of the legal cause of such absence
by the parent or guardian of the absent student; intermittent attendance
carried on for the purpose of defeating the intent of Wis. Stats.
§ 118.15 shall also be considered truancy and is not 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.
A student 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.
A.
Prohibition against truancy. Any person between the ages of six and
18 years is prohibited from becoming a truant as the term is defined
in this chapter. Any police officer in the City is authorized to issue
a citation to any such person who is determined to be truant under
the terms of this chapter. Any person attending or required to attend
school in the City between the ages of six and 18 years, subject to
the exceptions found under Wis. Stats. § 118.15, is prohibited
from becoming a dropout as the term is defined in this chapter. Any
police officer in this City is authorized to issue a citation to any
such person who is determined to be a dropout under the terms of this
chapter.
B.
Prohibition against habitual truant. Any person attending or required
to attend school in the City between the ages of six and 18 years
is prohibited from becoming a habitual truant as the term is defined
in this chapter. Any police officer in the City is authorized to issue
a citation to any such person who is determined to be a habitual truant
under the terms of this chapter. Prior to the issuance of a citation
for habitual truancy, the school principal, or designee, shall provide
evidence to the school resource officer that appropriate school personnel
in the school in which the student is enrolled has, within the school
semester during which the truancy occurred:
(1)
Met with the child's parent or guardian to discuss the child's
truancy or attempted to meet with the child's parent or guardian
and received no response or was refused;
(2)
Provided an opportunity for educational counseling to the student
and considered curriculum modifications under Wis. Stats. § 118.15(1)(d);
(3)
Evaluated the student to determine whether learning problems are
the cause of the truancy and, if so, taken steps to overcome the learning
problems; and
(4)
Conducted an evaluation to determine whether social problems are
the cause of the student's truancy and, if so, taken appropriate
action or made appropriate referrals.
Any citation issued shall be returnable in the Municipal Court
in the same manner as all other ordinance citations are returnable.
The citation is to state on its face that it is a "must appear" citation,
and no forfeiture amount is to be written on the face of the citation.
Upon a finding of a person to be a habitual truant, the Court
may impose one or more of the following dispositions:
A.
Suspension of operating privileges. Suspend the student's operating
privilege, as defined in Wis. Stats. § 340.01(40), for not
less than 30 days nor 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 setting forth
the reason for the duration of the suspension.
B.
Counseling service or work program. Order the student to participate
in counseling, a supervised work program or other community service
work under Wis. Stats. § 938.34(5g). The costs of any such
counseling, supervised work program or other community service may
be assessed against the student, the parents or guardian of the student,
or both.
C.
In-house restraint. Order the student to remain at home except for
the hours in which the student 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 the student
to leave the home if the student is accompanied by a parent or guardian.
D.
Educational program. Order the student to attend an educational program
as described in Wis. Stats. § 938.34(7d).
E.
Employment permit revocation. Order the Department of Workforce Development
to revoke, under Wis. Stats. § 103.72, a permit under said
statute authorizing the employment of the student.
F.
Teen court program. Order the student to be placed in a teen court
program if all of the following conditions apply:
(1)
The Chief Judge of the judicial administrative district has approved
a teen court program established in the student's county of residence
and the Municipal Judge determines that participation in the teen
court program will likely benefit the student and the community;
(2)
The student admits or pleads no contest in open court, with the student's
parent, guardian or legal custodian present, to the allegations that
the student violated the municipal ordinance enacted under Wis. Stats.
§ 118.163; and
(3)
The student has not successfully completed participation in a teen
court program during the prior year before the date of the alleged
municipal ordinance violation.
G.
Order to attend school. An order for the student to attend school.
H.
Forfeiture. A forfeiture of not more than $500, plus costs, subject
to Wis. Stats. § 938.37. All or part of the forfeiture may
be assessed against the student, the parents or guardian of the student,
or both.
I.
Seizure of property. Order that one or more of the following items
of personal property be seized by the Court or authorized school officials
upon approval and relinquished by the student's parents, legal
guardian or care provider to be stored in a secure manner at the Muskego
Police Department for a period of time to be determined by the Court,
but not to exceed more than 60 days:
J.
Supervision. Any order placing the student under formal or informal
supervision, as described in Wis. Stats. § 938.34(2), for
up to one year.
K.
Parental counseling.
(1)
An order for the student's parents, guardian, or legal custodian
to participate in counseling at the parents', guardian's
or legal custodian's expense; to attend school with the student,
or both.
(2)
No order to any person under Subsection K of this section may be entered until the person is given an opportunity to be heard on the contemplated order of the Court. The Court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the Court. At the hearings, the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a Court under subsection K of this section may be proceeded against for contempt of court.
L.
Order to report to youth center. An order for the person to report
to a youth center after school, in the evening, on weekends, on other
nonschool days, or at any other time that the person is not under
immediate adult supervision, for participation in the social, behavioral,
academic, community service, and other programming of the center as
described in Wis. Stats. § 938.342(1g)(k).
M.
Condition. Any other reasonable conditions consistent with this section,
including a curfew, restrictions as to going to or remaining on specified
premises and restrictions on associating with other children or adults.
Upon finding a person to be truant, the Court may impose one
or more of the following dispositions:
A.
An order for the person 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 Wis. Stats. § 938.37, and subject to a maximum
cumulative forfeiture of not more than $500, plus costs, for all violations
committed during a school semester. All or part of the forfeiture,
plus costs, may be assessed against the truant, the parents or guardian
of the truant, or both.
C.
An order for the person to report to a youth center after school,
in the evening, on weekends, on other nonschool days, or at any other
time that the person is not under immediate adult supervision for
participation in the social, behavioral, academic, community service,
and other programming of the center as described in Wis. Stats. § 938.342(1d)(c).
Upon finding a person who is at least 16 years of age but less
than 18 years of age to be a dropout, the Court may impose one or
more of the following dispositions:
A.
Suspend the person's operating privilege until the person reaches
the age of 18 years. The Court shall immediately take possession of
any 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.
B.
If the Court finds that suspension of the person's operating
privilege until age 18 would cause an undue hardship to the person
or his family, the Court may instead enter any of the specific dispositions
authorized for habitual truants.
A.
Any person having under his or her control a child who is between
the ages of six and 18, subject to the exceptions found in Wis. Stats.
§ 118.15, shall cause the child to attend school regularly
during the full period and hours that the school in which the child
shall 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.
Exceptions.
(1)
A person will not be found in violation of this section if that person
can prove that he or she is unable to comply with the provisions of
this section because of the disobedience of the child. The child shall
be referred to the Court assigned to exercise jurisdiction under Wis.
Stats. Ch. 48 and/or Ch. 938.
(2)
A person will not be found in violation of this section if he or
she has a child under his or her control and the child has been sanctioned
under Wis. Stats. § 49.26(1)(h).
C.
Proof required for exacting a penalty. Before a person may be found
guilty of violating this section, the school resource officer must
present evidence to the Court that the activities under Wis. Stats.
§ 118.16(5) have been completed by the school system; if
that evidence has been presented to the Court, and if the Court finds
a person guilty of violating this section, a forfeiture may be assessed
not to exceed $500, plus costs.
A.
A person 17 years of age or older is hereby prohibited from performing
any act of commission or omission, which act encourages or contributes
to a child's truancy from school.
B.
Exceptions. This section does not apply to a person who has under
his or her control a child who has been sanctioned under the provisions
of Wis. Stats. § 49.26(1)(h).
C.
A person found guilty by the Court of violating this section shall
be subject to a forfeiture not to exceed $500, plus costs.
