AB686: Bill Text

LRB-4100/1

PG&GMM:kaf&kmg:ijs

1997 - 1998 LEGISLATURE

1997 Assembly BILL 686

December 30, 1997 - Introduced by Representatives Olsen, Krusick, Ladwig, Ainsworth, Albers, Dobyns, Foti, Freese, Green, Hanson, Kelso, F. Lasee, J. Lehman, M. Lehman, Murat, Musser, Owens, Porter, Powers, Turner, Urban and Ward, cosponsored by Senators Darling, C. Potter, Farrow, Plache, Roessler and Rosenzweig. Referred to Committee on Education.

AB686,2,2 An Act to repeal 118.16 (1) (a) 2., 118.162 (2) (intro.) and (a), 118.162 (3) (c) and 118.162 (5); to renumber 118.125 (2) (c) and 118.16 (5m); to renumber and amend 118.15 (5) (a), 118.162 (2) (b), 118.163 (2m) and 938.355 (6m) (a); to consolidate, renumber and amend 118.16 (1) (a) (intro.) and 1. and 118.162 (3) (intro.), (a) and (b); to amend 118.16 (2) (cg) 1., 118.16 (2) (cg) 3., 118.16 (2) (cg) 4., 118.16 (6), 118.162 (1) (intro.), 118.163 (2) (a), 118.163 (2) (b), 118.163 (2) (d), 118.165 (1) (e), 895.035 (2m) (b), 938.125 (2), 938.13 (6), 938.17 (2) (a) 1., 938.17 (2) (cm), 938.17 (2) (g), 938.17 (2) (h) 1., 938.23 (1) (am), 938.342 (1) (a) and (b), 938.342 (1m) (b), 938.342 (2) (a), 938.342 (2) (b), 938.345 (2), 938.355 (6) (a) and 938.355 (6) (an) 1.; to repeal and recreate 49.26 (1) (a) 1. and 118.163 (1) (b); and to create 118.125 (2) (c) 2., 118.15 (1) (am), 118.15 (3m), 118.15 (5) (a) 1. a. and b., 118.15 (5) (a) 2., 118.16 (5m) (a), 118.162 (4m), 118.163 (1) (c), 118.163 (2) (g) to (j), 118.163 (2m) (b), 118.163 (4), 938.17 (2) (i), 938.342 (1) (g) to (j), 938.342 (1m) (am), 938.355 (6m) (a) 2. and 938.355 (6m) (am) of the statutes; relating to: compulsory school attendance, habitual truancy, the penalties for contributing to truancy, truancy planning committees and school district truancy plans.

Analysis by the Legislative Reference Bureau

With certain exceptions, current law requires any person having under control a child between the ages of 6 and 18 years to ensure that the child attends school regularly. A person who violates that requirement may be fined not more than $500 or imprisoned for not more than 30 days or both.

With certain exceptions, this bill requires any person having under control a child who is under the age of 6 and who is attending a public school to cause the child to continue to attend that school. This new requirement applies only if the school board adopts a resolution specifying that it applies. In addition, the requirement does not apply if the person in control of the child notifies the school board that the child will no longer be attending the program in which the child is enrolled.

The bill also changes the penalties for violating the compulsory attendance law. The bill provides that for a 2nd or subsequent offense the person may be fined not more than $1,000 or imprisoned for not more than 90 days or both. The bill authorizes a court, for a first or subsequent offense, to require a person to perform community service work for a public agency or a nonprofit charitable organization in lieu of the other penalties. The bill exempts any organization or agency to which the person is assigned from civil liability in excess of $25,000 for any act or omission by or impacting on the defendant if the agency or organization acts in good faith.

Under current law, any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy of a child 17 years of age or under is guilty of a Class C misdemeanor. This bill eliminates the requirement that the person know that his or her act or omission is encouraging or contributing to a child's truancy.

Under current law, a county, city, village or town may enact an ordinance prohibiting a person under 18 years of age from being a habitual truant. A habitual truant is a pupil who is absent from school without an acceptable excuse for part or all of 5 or more days out of 10 consecutive school days during a school semester, or part or all of 10 or more school days during a school semester.

This bill provides that a habitual truant is a pupil who is absent from school without an acceptable excuse for part or all of 5 or more school days during a semester. The bill also allows an ordinance to specify additional dispositions available to the court, including an order for the person to attend school, a forfeiture of up to $500, an order placing the person under supervision and any other reasonable conditions, including a curfew. In addition, the bill exempts any county department of human services or social services (county department), community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned as a disposition for habitual truancy from civil liability in excess of $25,000 for any act or omission by or impacting on the person if the county department, agency or organization acts in good faith.

Currently, when a pupil initially becomes a habitual truant, the school attendance officer must notify the pupil's parent or guardian.

The notice must specify the date on which the parent or guardian is requested to meet with appropriate school personnel to discuss the child's truancy. This bill requires the date to be within 5 school days after the date the notice is sent. The bill also provides that, if the meeting is not held within 10 school days after the notice is sent, the parent or guardian may be prosecuted for failing to comply with the compulsory school attendance law. Completion of the currently required school activities (meeting with the parent or guardian, providing an opportunity for educational counseling and evaluating the child for learning and social problems) is not necessary.

Under current law, if the court assigned to exercise jurisdiction under the juvenile justice code (juvenile court) finds that a juvenile who has been found to be in need of protection or services based on habitual truancy has violated a condition of his or her dispositional order, the juvenile court may impose certain sanctions on the juvenile. Those sanctions include, in addition to any of the dispositions that may be imposed for habitual truancy, suspension of the juvenile's operating privilege for not more than one year. Also under current law, if the municipal court or the juvenile court finds that a juvenile who has been adjudged to have violated a municipal ordinance, including an ordinance prohibiting habitual truancy, has violated a condition of his or her dispositional order, the municipal court or juvenile court may impose certain sanctions on the juvenile. Those sanctions include placement in secure or nonsecure detention for not more than 10 days, suspension of the juvenile's operating privilege for not more than 3 years, home detention for not more than 30 days and not more than 25 hours of community service work.

This bill permits a juvenile court or a municipal court to impose the same sanctions on a person who is habitually truant and who violates a condition of his or her dispositional order, whether that dispositional order is based on a municipal habitual truancy ordinance violation or a finding of need of protection or services based on habitual truancy. Those sanctions are the sanctions that may be imposed under current law and under the bill on a juvenile found to be in need of protection or services based on habitual truancy. In addition, the bill permits a person who has violated a condition of a dispositional order based on habitual truancy to be placed in secure or nonsecure detention for not more than 10 days.

Current law required the appointment, by July 1, 1988, of truancy planning committees in each county. The committees were required to make recommendations, by February 1, 1989, to school boards of school districts in the county on items to be included in the school districts' truancy plans. Each school board was required to adopt a truancy plan by September 1, 1989.

This bill requires each school board to review and, if appropriate, revise its truancy plan at least once every 2 years. The bill also requires the appointment of county truancy planning committees at least once every 4 years to make recommendations to the school districts in the county on the revisions to their truancy plans. County truancy planning committees must consist of representatives of:

1. School districts in the county.

2. The district attorney.

3. The sheriff's department.

4. Another local law enforcement agency.

5. The circuit court.

6. The county social services or human services agency.

7. The juvenile court intake unit.

8. A representative of the county community programs or developmental disabilities department (if the county has not established a human services agency).

9. Any other members, as determined by the committee.

The district attorney representative on the county truancy planning committee must participate in reviewing and developing any recommendations regarding revisions to the portions of the school districts' truancy plans relating to the types of cases to be referred to the district attorney for the filing of information or prosecution and the time periods within which the district attorney will respond to and take actions on the referrals.

Each county truancy planning committee must write a report to accompany its recommendations to school districts that describes the factors that contribute to truancy in the county and any state statutes, municipal ordinances or school, social services, law enforcement, district attorney, court or other policies that contribute to or inhibit the response to truancy in the county. The committee must submit copies of the report to all of the entities designating representatives to the committee.

School districts' truancy plans must include all of the following:

1. Procedures to be followed for notifying the parents or guardians of the unexcused absences of habitual truants and for meeting and conferring with such parents or guardians.

2. Plans and procedures for identifying truant children and returning them to school, including the identity of school personnel to whom a truant child must be returned.

3. Methods to increase and maintain public awareness of and involvement in responding to truancy within the school district.

4. The immediate response to be made by school personnel when a truant child is returned to school.

5. The types of truancy cases to be referred to the district attorney for the filing of information or prosecution and the time periods within which the district attorney will respond to and take action on the referrals.

6. Plans and procedures to coordinate the responses to the problems of habitual truants with public and private social services agencies.

7. Methods to involve the truant child's parent or guardian in dealing with and solving the child's truancy problem.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB686, s. 1 Section 1. 49.26 (1) (a) 1. of the statutes is repealed and recreated to read:

AB686,5,2 49.26 (1) (a) 1. "Habitual truant" has the meaning given in s. 118.16 (1) (a).

AB686, s. 2 Section 2. 118.125 (2) (c) of the statutes is renumbered 118.125 (2) (c) 1.

AB686, s. 3 Section 3. 118.125 (2) (c) 2. of the statutes is created to read:

AB686,5,6 118.125 (2) (c) 2. Names of dropouts shall be provided to a court in response to an order under s. 118.163 (2m) (b).

AB686, s. 4 Section 4. 118.15 (1) (am) of the statutes is created to read:

AB686,5,13 118.15 (1) (am) Except as provided under par. (d) and sub. (3m), unless the child is excused under sub. (3), any person having under control a child who is under the age of 6 and who is attending a public school, including a prekindergarten program, shall cause the child to continue to attend that school regularly during the full period and hours, religious holidays excepted, that the program in which the child is enrolled is in session.

AB686, s. 5 Section 5. 118.15 (3m) of the statutes is created to read:

AB686,5,17 118.15 (3m) (a) Subsection (1) (am) applies only if the school board of the school district in which the child is enrolled has adopted a resolution specifying that it applies.