AB686: Bill Text Engrossed

LRB-4966/1

PG&GMM:jlg:lp

1997 - 1998 LEGISLATURE

Engrossed 1997 Assembly BILL 686

February 12, 1998 - Printed by direction of Assembly Chief Clerk.

AB686-engrossed,2,6 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 118.15 (5) (b); to renumber and amend 118.15 (5) (a), 118.162 (2) (b), 118.163 (2m), 938.342 (1) 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 103.72 (2), 118.125 (2) (j), 118.15 (5) (am), 118.16 (2) (cg) 1., 118.16 (2) (cg) 3., 118.16 (2) (cg) 4., 118.16 (5m), 118.16 (6), 118.162 (1) (intro.), 118.163 (2) (a), 118.163 (2) (b), 118.163 (2) (d), 118.163 (2) (f), 895.035 (2m) (b), 938.125 (2), 938.13 (6), 938.17 (2) (a) 1., 938.17 (2) (g), 938.17 (2) (h) 1., 938.245 (5), 938.275 (1) (c), 938.32 (1) (a), 938.342 (1m) (a), 938.342 (1m) (b), 938.342 (2) (a), 938.342 (2) (b), 938.345 (2), 938.355 (6) (a), 938.355 (6) (an) 1., 938.355 (6m) (title), 938.355 (6m) (b) and 938.355 (6m) (c); to repeal and recreate 49.26 (1) (a) 1., 118.163 (1) (b) and 118.163 (3); 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., 118.15 (5) (b) 2., 118.162 (4m), 118.163 (1) (c), 118.163 (1) (d), 118.163 (1m), 118.163 (2) (g) to (k), 118.163 (2m) (b), 118.163 (4), 938.17 (2) (i), 938.245 (2v), 938.32 (1v), 938.342 (1d), 938.342 (1g) (g) to (j), 938.342 (1m) (am), 938.355 (6m) (a) 1., 938.355 (6m) (ag) and 938.355 (6m) (am) of the statutes; relating to: compulsory school attendance, truancy, habitual truancy, the penalties for contributing to truancy, truancy planning committees and school district truancy plans.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 1997 Assembly Bill 686 consists of the following documents adopted in the assembly on February 10, 1998: Assembly Substitute Amendment 1 as affected by Assembly Amendment 1 (as affected by Assembly Amendment 1 thereto) and Assembly Amendments 2, 3, 4 and 5.

Content of Engrossed 1997 Assembly Bill 686

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 provides a new defense to a prosecution for a violation of the compulsory school attendance law. Specifically, if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the court must dismiss the action and refer the child to the court assigned to exercise jurisdiction under the children's code (juvenile court).

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 attend school with his or her child or 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, an order for the person's parent, guardian or legal custodian to attend school with the person, an order for the person or the person's parent or guardian to pay 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, except that with the consent of the parent or guardian the date may be extended for an additional 5 school days. 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 meeting with the parent or guardian is not necessary.

Under current law, if the 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.

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.