Ordinance #77

Juveniles
Truancy and Dropouts - Sun Prairie

The common Council of the city of Sun Prairie, Dane County, Wisconsin, do ordain as follows:

SECTION 1. That Section 11 -6-8- Truancy and Dropouts and Section 11 -6-9 - Failure to Cause a Child to Attend School Regularly is hereby created as follows

Sec. 11- TRUANCY AND DROPOUTS.

(a) HABITUAL TRUANCY.

(1) No person under 19 years of age may be a habitual truant.

(2) If the municipal court determines that a person is a habitual truant, the court may order one or more of the following dispositions.

a. Suspension of the person's operating privilege for not less than 30 days nor more than one year. 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. An order for the person to participate in counseling or a supervised work program or other community service work as described in sec. 938.34(5g) of the Wisconsin Statutes. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

c. An order for the person 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 person to leave his or her home if the child is accompanied by a parent or guardian.

d. An order for the person to attend an educational program as described in sec. 938.34(7d) of the Wisconsin Statutes.

e. An order tot the Wisconsin Department of Work Force Development to revoke, under sec. 103,72 of the Wisconsin Statutes, a permit under sec, 103.70 of the Wisconsin Statutes, authorizing the employment of the person,

f. An order for the person to be placed in a teen court program as described in sec. 938,347~1g)(f) of the Wisconsin Statutes.

g. An order for the person to attend school.

h. A forfeiture of not more than $500.00 plus costs, subject to see. 938.37 of the Wisconsin Statutes. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

i. An order placing the person under formal or informal supervision, as described in sec- 939,34(2) of the Wisconsin Statutes, for up to one year.

j. An order for the person's parent, 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 person, or both.

k. Any other reasonable conditions consistent with this ordinance, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.

(b) DROPOUTS.

(1) No person who is at least 16 year-, of age but is) less than 18 years of age way be a dropout.

(2) If the municipal court determines that a person is at least 16 years of age but is less than 18 years of age and is a dropout, the court may suspend the person's operating privilege until the person reaches the age of 18, 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.

(c) DISPOSITIONAL ORDERS AND SANC-171ONS. The municipal court is hereby authorized to exercise each and every kind of authority granted to municipal courts under Wisconsin law. Specifically, the municipal court is hereby authorized to exercise the authority granted to it in sec. 938.355 of the Wisconsin Statutes and is hereby to exercise the authority granted to it in see. 938,355(6m) of the Wisconsin Statutes.

(d) ADOPTED TERMS. As used in this Section 11-6-8, the terms "truant," "habitual truant," "operating privilege," and "dropout" have the meanings provided in sec, 118-163 of the, Wisconsin Statutes. Those definitions are hereby adopted and incorporated herein as if fully set forth. Any future amendment of any such definition is hereby adopted and is incorporated herein as if fully set forth as of the effective date of such future amendment.

SEC.11-6- FAILURE TO CAUSE A CHILD TO ATTEND SCHOOL REGULARLY.

(a) Unless the child is excepted or excused under sec. 118.15 of the Wisconsin Statutes, of has graduated from high school, any person having under his or her control a child who is between the ages of 6 and 18 years shall cause the child to attend school regularly during the full period and 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) This section does not apply:

(1) To a person who has under his or her control a child who has been sanctioned under sec. 49.26(l)(h) of the Wisconsin Statutes,

(2) To a person who proves that he or she is unable to comply with the requirements of this section because of the disobedience of the child, in which case the action shall be dismissed and the juvenile officer of law enforcement authority shall refer the case to the District Attorney's Office.

(3) Unless evidence has been provided by the school attendance officer that the activities under sec. 118.16(5) of the Wisconsin Statues have been completed or were not required to be completed as provided in sec, 118.16 (5w) of the, Wisconsin Statutes.

(c) Any person who violates this section is subject to a forfeiture of up to $500.00,

SECTION 2. Effective Date- This Ordinance shall become effective upon passage and publication as provide by law.