Ordinance #61

Juveniles
Truancy and School Dropouts - Plymouth

CITY OF PLYMOUTH

CHAPTER NO. 9 ORDINANCES OF 199

An Ordinance Recreating Section 11-5-6 of the Municipal Code of the City of Plymouth to reflect changes under 1997 Wisconsin Act 239.

THE COMMON COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: Section 11-5-6 of the Municipal Code of the City of Plymouth is hereby repealed and recreated to read as follows:

SEC. 111-54 HABITUAL. TRUANCY AND SCHOOL DROPOUT PROHIBITED.

(a) In this Section:

(1) Dropout means a child who has ceased to attend school, does not attend a public or private school, technical college or home-based private educational program on a full time basis, has not graduated from high school and does not have an acceptable excuse under Sec 118. 1 5(l)(b) to (d) or (3), Wis. Stats.

(2) Habital Truant means a pupil who is absent from school without an acceptable excuse under Sece. 118.15 and 118.16 (4), Wis. Stats., for part or all of 5 or more days on which school is held during a school semester,

(3) Truant means a pupil who is absent from school without an acceptable excuse under Secs. 118.15 and 118.16 (4), Wis. Stats., for part or all of any day on which school is hold during a school semester.

(b) No person under 18 years of age shall be a truant. Upon conviction thereof the following dispositions are available to the court:

(1) An order for the person to attend school,

(2) 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 Sec. 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture of not more than $500 for al 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) No child shall be a habitual truant. Upon conviction thereof the following dispositions are available to the court:

(1) Suspension of the child's operating privilege for not less than thirty (30) days. nor more then one year. The court shall immediately take possession of any 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 or a supervised work program or other community service as described in Sec. 938.34 (59), Wis. Stats. The costs of any such counseling, supervised work program or community service work may be assessed against the person, the parents or guardian of the person, or both,

(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 school program or place of worship. 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 as described in Sec. 938.34 (7d), Wis. Stats.

(5) An order for the person to be placed in a teen court program described in Sec, 938,342 (1g)(f), Wis. Stats.

(d) No child who is at least sixteen (16) years of age but less than eighteen (18) years of age shall be a dropout. Upon conviction thereof the court may suspend the child's operating privilege until the child reaches the age of eighteen (18). The court shall immediately take possession of any suspended license and forward it to the Department of Transportation, together with a notice stating the reason for and the duration of the suspension.

SECTION 2: This ordinance shall be in full force and effect from and after As passage and publication as provided by law.