AB686: Bill Text Engrossed

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.

The bill also permits a county, city, village or town to enact an ordinance prohibiting a person under 18 years of age from being a truant, which is defined in the bill as a pupil who is absent from school without an acceptable excuse for part or all of any day on which school is held, including a summer session. The ordinance may authorize the municipal court or juvenile court to order a truant to attend school or to impose on a truant or on his or her parent or guardian a forfeiture of not more than $50 for a first violation or a forfeiture of not more than $100 for a 2nd or subsequent violation. If the municipal court or juvenile court finds that a juvenile who has violated a municipal truancy ordinance has violated a condition of his or her dispositional order, the municipal court or juvenile court may impose on the juvenile any of the sanctions that may be imposed under current law and under the bill on a habitual truant except placement in secure or nonsecure detention.

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.

Finally, under current law, subject to certain exceptions, all pupil records maintained by a public school are confidential. Current law, however, permits a school to disclose directory data about a pupil if the school has informed the pupil's parent, guardian or guardian ad litem (GAL) of the information that the school has designated as directory data and has allowed 14 days for the parent, guardian or GAL to inform the school that any or all of the directory data may not be released without the prior consent of the parent, guardian or GAL. Directory data includes such information as a pupil's name and address, telephone number, participation in sports and other extracurricular activities and dates of attendance. This bill requires a school also to notify a pupil's parent, guardian or GAL that he or she has 14 days to inform the school that any or all of the pupil's directory data may not be released without the prior consent of the parent, guardian or GAL.

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

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 of the statutes is repealed and recreated to read:

AB686-engrossed,6,2 49.26 (1) (a) 1. "Habitual truant" has the meaning given in s. 118.16 (1) (a).

AB686-engrossed, s. 2 Section 2. 103.72 (2) of the statutes is amended to read:

AB686-engrossed,6,14 103.72 (2) Whenever it appears to the department that a permit has been improperly or illegally issued, or that the physical or moral welfare or school attendance of the minor would be best served by the revocation of the permit or that the failing school performance of the minor would be remedied by the revocation of the permit, the department may immediately, without notice, revoke the permit. The department shall revoke a permit if ordered to do so under s. 938.342 (1) (1g) (e). If the department revokes a permit, the department shall, by registered mail, notify the person employing the minor and the minor holding the permit of the revocation. Upon receipt of the notice, the employer employing the minor shall immediately return the revoked permit to the department and discontinue the employment of the minor.

AB686-engrossed, s. 3 Section 3. 118.125 (2) (c) of the statutes is renumbered 118.125 (2) (c) 1.

AB686-engrossed, s. 4 Section 4. 118.125 (2) (c) 2. of the statutes is created to read:

AB686-engrossed,6,18 118.125 (2) (c) 2. Names of dropouts shall be provided to a court in response to an order under s. 118.163 (2m) (b).

AB686-engrossed, s. 4m Section 4m. 118.125 (2) (j) of the statutes is amended to read:

AB686-engrossed,7,8 118.125 (2) (j) 1. Except as provided under subds. 2. and 3., directory data may be disclosed to any person, if the school has notified the parent, legal guardian or guardian ad litem of the categories of information which it has designated as directory data with respect to each pupil, has informed the parent, legal guardian or guardian ad litem of that pupil that he or she has 14 days to inform the school that all or any part of the directory data may not be released without the prior consent of the parent, legal guardian or guardian ad litem and has allowed 14 days for the parent, legal guardian or guardian ad litem of that pupil to inform the school that all or any part of the directory data may not be released without the prior consent of the parent, legal guardian or guardian ad litem.

AB686-engrossed,7,20 2. If a school has notified the parent, legal guardian or guardian ad litem that a pupil's name and address has been designated as directory data, has informed the parent, legal guardian or guardian ad litem of the pupil that he or she has 14 days to inform the school that the pupil's name and address may not be released without the prior consent of the parent, legal guardian or guardian ad litem, has allowed 14 days for the parent, legal guardian or guardian ad litem of the pupil to inform the school that the pupil's name and address may not be released without the prior consent of the parent, legal guardian or guardian ad litem and the parent, legal guardian or guardian ad litem has not so informed the school, the school district clerk or his or her designee, upon request, shall provide a technical college district board with the name and address of each such pupil who is expected to graduate from high school in the current school year.

AB686-engrossed,8,11 3. If a school has notified the parent, legal guardian or guardian ad litem of the information that it has designated as directory data with respect to any pupil, the school has informed the parent, legal guardian or guardian ad litem of the pupil that he or she has 14 days to inform the school that such information may not be released without the prior consent of the parent, legal guardian or guardian ad litem, has allowed 14 days for the parent, legal guardian or guardian ad litem of the pupil to inform the school that such information may not be released without the prior consent of the parent, legal guardian or guardian ad litem and the parent, legal guardian or guardian ad litem has not so informed the school, the school district clerk or his or her designee, upon request, shall provide any representative of a law enforcement agency, as defined in s. 165.83 (1) (b), district attorney , city attorney or corporation counsel, county department under s. 46.215, 46.22 or 46.23 or a court of record or municipal court with such information relating to any such pupil enrolled in the school district for the purpose of enforcing that pupil's school attendance, investigating alleged criminal or delinquent activity by the pupil or responding to a health or safety emergency.

AB686-engrossed, s. 5 Section 5. 118.15 (1) (am) of the statutes is created to read:

AB686-engrossed,8,18 118.15 (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-engrossed, s. 6 Section 6. 118.15 (3m) of the statutes is created to read:

AB686-engrossed,8,22 118.15 (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.

AB686-engrossed,8,25 (b) Subsection (1) (am) does not apply if the person in control of the child notifies the school board of the school district in which the child is enrolled that the child will no longer be attending the program in which the child is enrolled.

AB686-engrossed, s. 7 Section 7. 118.15 (5) (a) of the statutes is renumbered 118.15 (5) (a) 1. (intro.) and amended to read:

AB686-engrossed,9,12 118.15 (5) (a) 1. (intro.) Except as provided under par. (b) or if a person has been found guilty of a misdemeanor under s. 948.45, whoever violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both penalized as follows, if evidence has been provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed due to the child's absence from school as provided in s. 118.16 (5m). In a prosecution under this paragraph, if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under chs. 48 and 938.:

AB686-engrossed, s. 8 Section 8. 118.15 (5) (a) 1. a. and b. of the statutes are created to read:

AB686-engrossed,9,15 118.15 (5) (a) 1. a. For the first offense, by a fine of not more than $500 or imprisonment for not more than 30 days or both.

AB686-engrossed,9,17 b. For a 2nd or subsequent offense, by a fine of not more than $1,000 or imprisonment for not more than 90 days or both.

AB686-engrossed, s. 9 Section 9. 118.15 (5) (a) 2. of the statutes is created to read:

AB686-engrossed,9,24 118.15 (5) (a) 2. The court may require a person who is subject to subd. 1. to perform community service work for a public agency or a nonprofit charitable organization in lieu of the penalties specified under subd. 1. Any organization or agency to which a defendant is assigned pursuant to an order under this subdivision acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on the defendant.

AB686-engrossed, s. 9g Section 9g. 118.15 (5) (am) of the statutes is amended to read:

AB686-engrossed,10,3 118.15 (5) (am) The court may order any person who violates this section to participate in counseling at the person's own expense or to attend school with his or her child, or both.

AB686-engrossed, s. 10 Section 10. 118.15 (5) (b) of the statutes is renumbered 118.15 (5) (b) 1.

AB686-engrossed, s. 11 Section 11. 118.15 (5) (b) 2. of the statutes is created to read:

AB686-engrossed,10,9 118.15 (5) (b) 2. In a prosecution under par. (a), if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under ch. 48.

AB686-engrossed, s. 12 Section 12. 118.16 (1) (a) (intro.) and 1. of the statutes are consolidated, renumbered 118.16 (1) (a) and amended to read:

AB686-engrossed,10,15 118.16 (1) (a) "Habitual truant" means a pupil who is absent from school without an acceptable excuse under sub. (4) and s. 118.15 for either of the following: 1. Part part or all of 5 or more days out of 10 consecutive days on which school is held during a school semester.

AB686-engrossed, s. 13 Section 13. 118.16 (1) (a) 2. of the statutes is repealed.

AB686-engrossed, s. 14 Section 14. 118.16 (2) (cg) 1. of the statutes is amended to read:

AB686-engrossed,10,19 118.16 (2) (cg) 1. A statement of the parent's or guardian's responsibility, under s. 118.15 (1) (a) and (am), to cause the child to attend school regularly.

AB686-engrossed, s. 15 Section 15. 118.16 (2) (cg) 3. of the statutes is amended to read:

AB686-engrossed,11,3 118.16 (2) (cg) 3. A request that the parent or guardian meet with appropriate school personnel to discuss the child's truancy. The notice shall include the name of the school personnel with whom the parent or guardian should meet, a date, time and place for the meeting and the name, address and telephone number of a person to contact to arrange a different date, time or place. The date for the meeting shall be within 5 school days after the date that the notice is sent, except that with the consent of the child's parent or guardian the date for the meeting may be extended for an additional 5 school days.

AB686-engrossed, s. 16 Section 16. 118.16 (2) (cg) 4. of the statutes is amended to read:

AB686-engrossed,11,7 118.16 (2) (cg) 4. A statement of the penalties, under s. 118.15 (5), that may be imposed on the parent or guardian if he or she fails to cause the child to attend school regularly as required under s. 118.15 (1) (a) and (am).

AB686-engrossed, s. 17m Section 17m. 118.16 (5m) of the statutes is amended to read:

AB686-engrossed,11,13 118.16 (5m) Subsection (5) (a) does not apply if a meeting under sub. (2) (cg) 3. is not held within 10 school days after the date that the notice under sub. (2) (cg) is sent. Subsection (5) (b), (c) and (d) does not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the child's absences from school.

AB686-engrossed, s. 19 Section 19. 118.16 (6) of the statutes is amended to read:

AB686-engrossed,11,21 118.16 (6) If the school attendance officer receives evidence that activities under sub. (5) have been completed or were not required to be completed due to the child's absence from school as provided in sub. (5m), the school attendance officer may file information on any child who continues to be truant with the court assigned to exercise jurisdiction under chs. 48 and 938 in accordance with s. 938.24. Filing information on a child under this subsection does not preclude concurrent prosecution of the child's parent or guardian under s. 118.15 (5).

AB686-engrossed, s. 20 Section 20. 118.162 (1) (intro.) of the statutes is amended to read:

AB686-engrossed,12,6 118.162 (1) (intro.) On July 1, 1988 At least once every 4 years, in each county, the superintendent school district administrator of the school district which contains the county seat designated under s. 59.05, or his or her designee, shall convene a committee under this section. At its first meeting, the committee shall elect a chairperson, vice chairperson and secretary. Not later than February 1, 1989, the committee shall to review and make recommendations to the school boards of all of the school districts in the county on the items to be included in revisions to the school districts' truancy plans under sub. (4) (4m). The committee shall consist of the following members:

AB686-engrossed, s. 21 Section 21. 118.162 (2) (intro.) and (a) of the statutes are repealed.

AB686-engrossed, s. 22 Section 22. 118.162 (2) (b) of the statutes is renumbered 118.162 (2) and amended to read:

AB686-engrossed,12,12 118.162 (2) The district attorney representative on the committee shall participate in reviewing and developing any recommendations regarding revisions to the portions of the plan school districts' plans under sub. (4) (e).

AB686-engrossed, s. 23 Section 23. 118.162 (3) (intro.), (a) and (b) of the statutes are consolidated, renumbered 118.162 (3) and amended to read:

AB686-engrossed,12,22 118.162 (3) The committee shall write a report to accompany the recommendations under sub. (1). The report shall include all of the following: (a) A a description of the factors that contribute to truancy in the county. (b) Identification and a description of any state statutes, municipal ordinances or school or, social services, law enforcement, district attorney, court or other policies that contribute to or inhibit the response to truancy in the county. A copy of the report shall be submitted to each of the entities identified in sub. (1) (b) to (h) and any other entity designating members on the committee under sub. (1) (i).

AB686-engrossed, s. 24 Section 24. 118.162 (3) (c) of the statutes is repealed.

AB686-engrossed, s. 25 Section 25. 118.162 (4m) of the statutes is created to read:

AB686-engrossed,13,2 118.162 (4m) At least once every 2 years, each school board shall review and, if appropriate, revise the truancy plan adopted by the school board under sub. (4).

AB686-engrossed, s. 26 Section 26. 118.162 (5) of the statutes is repealed.

AB686-engrossed, s. 27 Section 27. 118.163 (1) (b) of the statutes is repealed and recreated to read:

AB686-engrossed,13,5 118.163 (1) (b) "Habitual truant" has the meaning given in s. 118.16 (1) (a).

AB686-engrossed, s. 28 Section 28. 118.163 (1) (c) of the statutes is created to read:

AB686-engrossed,13,7 118.163 (1) (c) "Operating privilege" has the meaning given in s. 340.01 (40).

AB686-engrossed, s. 29 Section 29. 118.163 (1) (d) of the statutes is created to read:

AB686-engrossed,13,11 118.163 (1) (d) "Truant" means a pupil who is absent from school without an acceptable excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which school is held, including a summer session.

AB686-engrossed, s. 30 Section 30. 118.163 (1m) of the statutes is created to read:

AB686-engrossed,13,15 118.163 (1m) A county, city, village or town may enact an ordinance prohibiting a person under 18 years of age from being a truant. The ordinance shall provide which of the following dispositions are available to the court:

AB686-engrossed,13,16 (a) An order for the person to attend school.

AB686-engrossed,13,21 (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 2nd or subsequent violation committed within 12 months of a previous violation, subject to s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

AB686-engrossed, s. 31 Section 31. 118.163 (2) (a) of the statutes is amended to read: