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- 140 - School Attendance Enforcement - Evansville
140 - School Attendance Enforcement - Evansville
Ordinance #140
Juveniles
School Attendance Enforcement - City of Evansville
ORDINANCE CONCERNING SCHOOL ATTENDANCE ENFORCEMENT
The Common Council of the City of Evansville, Rock County, Wisconsin, do ordain as follows:
SECTION I . Repeal and recreate Section 9.22 Evansville Municipal Code to read as follows:
9.22 SCHOOL ATTENDANCE ENFORCEMENT. (1) AUTHORITY. This section is enacted by authority of See. 118.163(lm), (2), and (2m), Wis. Stats.
(2) DEFINITIONS. For purposes of this section:
(a) "Dropout" means a child who 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. 118.15(b) to (d) or (3).
(b) "Habitual truant" means a pupil who is absent from school without an acceptable excuse as defined in Sec. 118. 15 and Sec. 118.16(4) for a part or all of 5 or more days on which school is held during a school semester.
(c) "Operating privilege" has the meaning given in Sec. 340.01(40).
(d) " Truant" means a pupil who is absent from school without an acceptable excuse under Sec. 118.15 and Sec. 118.16(4) for a part or all of any day on which school is held during a school semester
(3) PROHIBITION AGAINST BEING A TRUANT. Any person attending school in the City of Evansville under the age of 18 years, subject to the exceptions found under See. 118.15, Wis. Stats, is prohibited from being a truant as the term is defined in this section.
(4) DISPOSITIONS AVAILABLE TO THE MUNICIPAL COURT. The Municipal Court shall be entitled to enforce the following dispositions for a person adjudged a truant:
(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 Sec. 938.37 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 person, the parents or guardian of the person or both.
(5) PROHIBITION AGAINST BEING AN HABITUAL TRUANT. Any person attending school in the City of Evansville under the age 18 years, subject to the exception found under Sec. 118.15, Wis. Stats. is prohibited from being an habitual as the term is defined in this section
(6) DISPOSITIONS AVAILABLETO THE MUNICIPAL COURT. The Municipal Court shall have available the following dispositions for an habitual truant:
(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 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), Wis. Stats. 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 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 person to leave his or her home if the person 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), Wis. Stats.
(e) An order for the Department of Workforce Development to revoke, under See. 103.72, Wis. Stats. a permit under See. 103.70, Wis. Stats. authorizing the employment of the person.
(f) An order for the person to be placed in a teen court program as described in Sec. 938.342(1g)(f), Wis. Stats.
(g) An order for the person to attend school.
(h) A forfeiture of not more than $500 plus costs, subject to Sec. 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.
(i) 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.
(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.
(7) PROHIBITION AGAINST BEING A DROPOUT. Any person within the City of Evansville under the age of 18 years, subject to the exceptions found under Sec. 118. 15, Wis. Stats., is prohibited from being a dropout as the term is defined in this section.
(8) DISPOSITIONS AVAILABLE TO THE MUNICIPAL COURT. The Municipal Court shall have available the following dispositions for a dropout:
(a) All the dispositions contained in Section 6 above.
(b) For persons at least 16 years or age, but less than 18 years of age, suspension of operating privilege for any duration up until the person reaches the age of 18 years. 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.
(9) FORM OF MUNICIPAL CITATION. The Evansville Police Department is authorized to issue a municipal citation to any person who is determined to be a truant, habitual truant or dropout tinder the. terms of this section. Any citation issued shall be returnable to the Rock County, Wisconsin, Evansville Municipal Court, or any Joint Municipal Court of which the City of Evansville is a participant, in the same manner as all other Ordinance Citations. The citation is to state on its face that it is a "MUST APPEAR" citation without a forfeiture amount written on the face of the citation.
(10) PRECONIDITIONS TO ISSUANCE OF CITATION. Prior to the issuance of a City of Evansville municipal citation, the Evansville School District attendance officer shall provide evidence that appropriate school personnel in the school or school district in which the child is enrolled have, within the school year during which the truancy occurred, done all of the following:
(a) 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 were refused.
(b) Provided an opportunity for educational counseling to the child to determine whether a change in the child's curriculum would resolve the child's truancy and have considered curriculum modifications tinder Sec. I 18. 15(l)(d), Wis. Stats.
(c) Evaluated the child to determine whether learning problems may be a cause of the child's truancy and, if so, have taken steps to overcome the learning problems, except that the child need not be evaluated if tests administered to the child within the previous year indicate that the child is performing at his or her grade level.
(d) Conducted an evaluation to determine whether social problems may be a cause of the child's truancy and., if so, have taken appropriate action or made appropriate referrals.
(11) PROOF REQUIRED BEFORE MUNICIPAL COURT DISPOSITION. Before a person may be found guilty of violating this section, the school district attendance officer must present evidence to the municipal court that the activities under Sec. 118.16(5), Wis. Stats. have been completed by the school system.
(12) ADULTS PROHIBITED FROM CONTRIBUTING TO TRUANCY, HABITUAL TRUANCY, OR DROPOUT. No person of the age of 18 or older shall commit an act of commission or omission that contributes to, or the natural and probable consequences of that act would cause, a child to be a truant, habitual truant, or dropout, whether or not the child is adjudged guilty of, a violation.
(13) PENALTY FOR ADULT CONTRIBUTING TO A CHILD TRUANT, HABITUAL TRUANT OR DROPOUT. Any person of the age of 18 or older who contributes to or causes a child to be a truant, habitual truant, or dropout shall pay a forfeiture of not less than $100 nor more than $500, together with the costs of the prosecution for each offense and upon default of the payment of these forfeitures and costs, shall be imprisoned until the forfeiture and costs together with subsequent costs are paid, but not more than 60 days. Each day a violation continue shall constitute a separate offense. The standard forfeiture shall be in the sum of $100 plus costs.
(14) SEVERABILITY. If any section or part of this section is adjudged unconstitutional or invalid by any Court of competent Jurisdiction, the remainder of this section shall not be affected thereby
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect upon it passage and publication as provided by law.
Juveniles
School Attendance Enforcement - City of Evansville
ORDINANCE CONCERNING SCHOOL ATTENDANCE ENFORCEMENT
The Common Council of the City of Evansville, Rock County, Wisconsin, do ordain as follows:
SECTION I . Repeal and recreate Section 9.22 Evansville Municipal Code to read as follows:
9.22 SCHOOL ATTENDANCE ENFORCEMENT. (1) AUTHORITY. This section is enacted by authority of See. 118.163(lm), (2), and (2m), Wis. Stats.
(2) DEFINITIONS. For purposes of this section:
(a) "Dropout" means a child who 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. 118.15(b) to (d) or (3).
(b) "Habitual truant" means a pupil who is absent from school without an acceptable excuse as defined in Sec. 118. 15 and Sec. 118.16(4) for a part or all of 5 or more days on which school is held during a school semester.
(c) "Operating privilege" has the meaning given in Sec. 340.01(40).
(d) " Truant" means a pupil who is absent from school without an acceptable excuse under Sec. 118.15 and Sec. 118.16(4) for a part or all of any day on which school is held during a school semester
(3) PROHIBITION AGAINST BEING A TRUANT. Any person attending school in the City of Evansville under the age of 18 years, subject to the exceptions found under See. 118.15, Wis. Stats, is prohibited from being a truant as the term is defined in this section.
(4) DISPOSITIONS AVAILABLE TO THE MUNICIPAL COURT. The Municipal Court shall be entitled to enforce the following dispositions for a person adjudged a truant:
(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 Sec. 938.37 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 person, the parents or guardian of the person or both.
(5) PROHIBITION AGAINST BEING AN HABITUAL TRUANT. Any person attending school in the City of Evansville under the age 18 years, subject to the exception found under Sec. 118.15, Wis. Stats. is prohibited from being an habitual as the term is defined in this section
(6) DISPOSITIONS AVAILABLETO THE MUNICIPAL COURT. The Municipal Court shall have available the following dispositions for an habitual truant:
(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 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), Wis. Stats. 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 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 person to leave his or her home if the person 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), Wis. Stats.
(e) An order for the Department of Workforce Development to revoke, under See. 103.72, Wis. Stats. a permit under See. 103.70, Wis. Stats. authorizing the employment of the person.
(f) An order for the person to be placed in a teen court program as described in Sec. 938.342(1g)(f), Wis. Stats.
(g) An order for the person to attend school.
(h) A forfeiture of not more than $500 plus costs, subject to Sec. 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.
(i) 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.
(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.
(7) PROHIBITION AGAINST BEING A DROPOUT. Any person within the City of Evansville under the age of 18 years, subject to the exceptions found under Sec. 118. 15, Wis. Stats., is prohibited from being a dropout as the term is defined in this section.
(8) DISPOSITIONS AVAILABLE TO THE MUNICIPAL COURT. The Municipal Court shall have available the following dispositions for a dropout:
(a) All the dispositions contained in Section 6 above.
(b) For persons at least 16 years or age, but less than 18 years of age, suspension of operating privilege for any duration up until the person reaches the age of 18 years. 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.
(9) FORM OF MUNICIPAL CITATION. The Evansville Police Department is authorized to issue a municipal citation to any person who is determined to be a truant, habitual truant or dropout tinder the. terms of this section. Any citation issued shall be returnable to the Rock County, Wisconsin, Evansville Municipal Court, or any Joint Municipal Court of which the City of Evansville is a participant, in the same manner as all other Ordinance Citations. The citation is to state on its face that it is a "MUST APPEAR" citation without a forfeiture amount written on the face of the citation.
(10) PRECONIDITIONS TO ISSUANCE OF CITATION. Prior to the issuance of a City of Evansville municipal citation, the Evansville School District attendance officer shall provide evidence that appropriate school personnel in the school or school district in which the child is enrolled have, within the school year during which the truancy occurred, done all of the following:
(a) 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 were refused.
(b) Provided an opportunity for educational counseling to the child to determine whether a change in the child's curriculum would resolve the child's truancy and have considered curriculum modifications tinder Sec. I 18. 15(l)(d), Wis. Stats.
(c) Evaluated the child to determine whether learning problems may be a cause of the child's truancy and, if so, have taken steps to overcome the learning problems, except that the child need not be evaluated if tests administered to the child within the previous year indicate that the child is performing at his or her grade level.
(d) Conducted an evaluation to determine whether social problems may be a cause of the child's truancy and., if so, have taken appropriate action or made appropriate referrals.
(11) PROOF REQUIRED BEFORE MUNICIPAL COURT DISPOSITION. Before a person may be found guilty of violating this section, the school district attendance officer must present evidence to the municipal court that the activities under Sec. 118.16(5), Wis. Stats. have been completed by the school system.
(12) ADULTS PROHIBITED FROM CONTRIBUTING TO TRUANCY, HABITUAL TRUANCY, OR DROPOUT. No person of the age of 18 or older shall commit an act of commission or omission that contributes to, or the natural and probable consequences of that act would cause, a child to be a truant, habitual truant, or dropout, whether or not the child is adjudged guilty of, a violation.
(13) PENALTY FOR ADULT CONTRIBUTING TO A CHILD TRUANT, HABITUAL TRUANT OR DROPOUT. Any person of the age of 18 or older who contributes to or causes a child to be a truant, habitual truant, or dropout shall pay a forfeiture of not less than $100 nor more than $500, together with the costs of the prosecution for each offense and upon default of the payment of these forfeitures and costs, shall be imprisoned until the forfeiture and costs together with subsequent costs are paid, but not more than 60 days. Each day a violation continue shall constitute a separate offense. The standard forfeiture shall be in the sum of $100 plus costs.
(14) SEVERABILITY. If any section or part of this section is adjudged unconstitutional or invalid by any Court of competent Jurisdiction, the remainder of this section shall not be affected thereby
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect upon it passage and publication as provided by law.