118.153(3)(a)1.
1. Every school board that applies for aid under
sub. (2) (b) shall make available to the children at risk enrolled in the school district a program for children at risk.
118.153(3)(a)2.
2. Upon request of a pupil who is a child at risk or the pupil's parent or guardian, a school board described under
subd. 1. shall enroll the pupil in the program for children at risk. If the school board makes available more than one program for children at risk, the school board shall enroll the pupil in the program selected by the pupil's parent or guardian if the pupil meets the prerequisites for that program. If there is no space in that program for the pupil, the school board of the school district operating under
ch. 119 shall place the pupil's name on a waiting list for that program and offer the pupil an alternative program for children at risk until space in the requested program becomes available.
118.153(3)(b)
(b) A program for children at risk shall be designed to allow the pupils enrolled to meet high school graduation requirements under
s. 118.33. The school board of the school district operating under
ch. 119 shall ensure that there are at least 40 pupils and no more than 200 pupils in each program and that a separate administrator or teacher is in charge of each program.
118.153(3)(c)1.1. Each school board shall identify appropriate private, nonprofit, nonsectarian agencies located in the school district or within 5 miles of the boundaries of the school district to meet the requirements under
pars. (a) and
(b) for the children at risk enrolled in the school district.
118.153(3)(c)2.
2. The school board may contract with the agencies identified under
subd. 1. for not more than 30% of the children at risk enrolled in the school district if the school board determines that the agencies can adequately serve such children.
118.153(3)(c)3.
3. The school board shall pay each contracting agency, for each full-time equivalent pupil served by the agency, an amount equal to at least 80% of the average per pupil cost for the school district.
118.153(4)(a)(a) Beginning in August 1994, and annually thereafter, a school board that applied for aid under this section in the previous school year shall submit a report to the department. The report shall include only information about the pupils enrolled in a program for children at risk in the previous school year that is necessary for the department to determine the number of pupils who achieved each of the objectives under
par. (c).
Effective date note
NOTE: Par. (a) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(a) Beginning in August 1994, and annually thereafter, a school board that applied for aid under this section in the previous school year shall submit a report to the state superintendent. The report shall include only information about the pupils enrolled in a program for children at risk in the previous school year that is necessary for the state superintendent to determine the number of pupils who achieved each of the objectives under par. (c).
118.153(4)(b)
(b) Upon receipt of a school board's annual report under
par. (a) the department shall pay to the school district from the appropriation under
s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under
par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s.
20.835 (7) (a), 1991 stats., and
s. 20.255 (2) (ac) in the previous school year.
Effective date note
NOTE: Par. (b) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(b) Upon receipt of a school board's annual report under par. (a) the state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. 20.255 (2) (ac) in the previous school year.
118.153(4)(c)3.
3. The pupil, if a high school senior, received a high school diploma.
118.153(4)(c)4.
4. The pupil earned at least 4.5 academic credits or a prorated number of credits if the pupil was enrolled in the program for less than the entire school year.
118.153(4)(c)5.
5. The pupil demonstrated, on standardized tests or other appropriate measures, at least one month's gain in reading and mathematics for each month of enrollment.
118.153(4)(e)
(e) If the appropriation under
s. 20.255 (2) (bc) in any fiscal year is insufficient to pay the full amount of aid under
par. (b), state aid payments shall be prorated among the school districts entitled to such aid.
118.153(5)
(5) The school board of the school district operating under
ch. 119 shall use the additional funds received under this section to expand successful programs for children at risk or to establish new programs if expansion of a successful program would violate
sub. (3) (b).
118.153(6)
(6) Biennially, the legislative audit bureau shall audit school district eligibility, performance criteria and state aid payments under this section.
118.153(7)
(7) The department shall promulgate rules to implement and administer this section. The rules shall not be overly restrictive in defining approved programs and shall not serve to exclude programs that have demonstrated success in meeting the needs of children at risk.
Effective date note
NOTE: Sub. (7) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(7) The state superintendent shall promulgate rules to implement and administer this section. The rules shall not be overly restrictive in defining approved programs and shall not serve to exclude programs that have demonstrated success in meeting the needs of children at risk.
118.155
118.155
Released time for religious instruction. 118.155(1)(1) Any school board shall, without approval of the department, permit pupils with written permission of a parent or guardian to be absent from school at least 60 minutes but not more than 180 minutes per week to obtain religious instruction outside the school during the required school period. The supervisor of such religious instruction shall report monthly, to the principal of the school regularly attended, the names of the pupils who attended such weekly religious instruction. The school board may deny the privilege of released time to pupils who absent themselves from such religious instruction after requesting the privilege. The time period, or periods, allotted for the pupil to be absent from school for the purpose of religious instruction shall be determined by the school board.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) Any school board shall, without approval of the state superintendent, permit pupils with written permission of a parent or guardian to be absent from school at least 60 minutes but not more than 180 minutes per week to obtain religious instruction outside the school during the required school period. The supervisor of such religious instruction shall report monthly, to the principal of the school regularly attended, the names of the pupils who attended such weekly religious instruction. The school board may deny the privilege of released time to pupils who absent themselves from such religious instruction after requesting the privilege. The time period, or periods, allotted for the pupil to be absent from school for the purpose of religious instruction shall be determined by the school board.
118.155(2)
(2) Any transportation to religious instruction or from religious instruction to the public school shall be the responsibility of the parents or of the organization sponsoring the religious instruction.
118.155(3)
(3) The school district shall be released from all liability for a pupil who is absent from school in accordance with
sub. (1).
118.155 History
History: 1973 c. 161;
1995 a. 27 s.
9145 (1).
118.155 Annotation
Constitutionality upheld. State ex rel. Holt v. Thompson, 66 W (2d) 659, 225 NW (2d) 678.
118.16
118.16
School attendance enforcement. 118.16(1)(a)
(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:
118.16(1)(a)1.
1. Part or all of 5 or more days out of 10 consecutive days on which school is held during a school semester.
118.16(1)(a)2.
2. Part or all of 10 or more days on which school is held during a school semester.
118.16(1)(b)
(b) "School attendance officer" means an employe designated by the school board to deal with matters relating to school attendance and truancy. "School attendance officer" does not include an individual designated under
sub. (2m) (a) to take into custody a child who is absent from school without an acceptable excuse under
s. 118.15 unless that individual has also been designated by the school board to deal with matters relating to school attendance and truancy.
118.16(1)(c)
(c) "Truancy" means any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of
s. 118.15.
118.16(2)(a)
(a) Shall determine daily which pupils enrolled in the school district are absent from school and whether that absence is excused under
s. 118.15.
118.16(2)(b)
(b) Annually, on or before August 1, shall determine how many pupils enrolled in the school district were absent in the previous year and whether the absences were excused under
s. 118.15 and shall notify the department of the determination.
Effective date note
NOTE: Par. (b) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(b) Annually, on or before August 1, shall determine how many pupils enrolled in the school district were absent in the previous year and whether the absences were excused under s. 118.15 and shall notify the state superintendent of the determination.
118.16(2)(c)
(c) Except as provided under
pars. (cg) and
(cr), shall notify the parent or guardian of a child who has been truant of the child's truancy and direct the parent or guardian to return the child to school no later than the next day on which school is in session or to provide an excuse under
s. 118.15. The notice under this paragraph shall be given before the end of the 2nd school day after receiving a report of an unexcused absence. The notice may be made by personal contact, mail or telephone call of which a written record is kept, except that notice by personal contact or telephone call shall be attempted before notice by mail may be given.
118.16(2)(cg)
(cg) Shall notify the parent or guardian of a child who is a habitual truant, by registered or certified mail, when the child initially becomes a habitual truant. The notice shall include all of the following:
118.16(2)(cg)1.
1. A statement of the parent's or guardian's responsibility, under
s. 118.15 (1) (a), to cause the child to attend school regularly.
118.16(2)(cg)2.
2. A statement that the parent, guardian or child may request program or curriculum modifications for the child under
s. 118.15 (1) (d) and that the child may be eligible for enrollment in a program for children at risk under
s. 118.153 (3).
118.16(2)(cg)3.
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.
118.16(2)(cg)4.
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).
118.16(2)(cr)
(cr) After the notice required under
par. (cg) has been given, shall notify the parent or guardian of a habitual truant of the habitual truant's unexcused absences as provided in the plan under
s. 118.162 (4) (a). After the notice required under
par. (cg) has been given,
par. (c) does not apply.
118.16(2)(d)
(d) May visit any place of employment in the school district to ascertain whether any minors are employed there contrary to law. The officer shall require that school certificates and lists of minors who are employed there be produced for inspection, and shall report all cases of illegal employment to the proper school authorities and to the department of industry, labor and job development.
118.16(2)(e)
(e) Shall have access to information regarding the attendance of any child between the ages of 6 and 18 who is a resident of the school district or who claims or is claimed to be in attendance at a private school located in the school district.
118.16(2m)(a)(a) A school district administrator may designate any of the following individuals to take a child who resides in the school district and who is absent from school without an acceptable excuse under
s. 118.15 into custody under
s. 938.19 (1m):
118.16(2m)(a)1.
1. An employe of the school district who is directly involved in the provision of educational programs to the truant child.
118.16(2m)(a)2.
2. An employe of the school district who is directly involved in the provision of a modified program or curriculum under
s. 118.15 (1) (d), a program for children at risk under
s. 118.153 or an alternative educational program under
s. 119.82 or any other alternative educational program to children who attend the school attended by the truant child, if the school district administrator believes that the program or curriculum may be appropriate for the truant child.
118.16(2m)(a)3.
3. A school social worker employed by the school district who provides services to children attending the school attended by the truant child, if the school district administrator believes that the services provided by the social worker may be appropriate for the truant child.
118.16(2m)(a)4.
4. An employe of a social services agency who is directly involved in the provision of social services to the truant child or the child's family.
118.16(2m)(a)5.
5. A school attendance officer, but only if the school attendance officer meets the criteria specified in
subds. 1.,
2. or
3.
118.16(2m)(b)
(b) A designation under
par. (a) shall be in writing and shall specifically identify the child whom the individual is authorized to take into custody.
118.16(2m)(c)
(c) A school district administrator may not designate an individual under
par. (a) unless the individual agrees to the designation in writing.
118.16(2m)(d)
(d) A school district administrator who makes a designation under
par. (a) shall provide each individual so designated with an identification card of a form determined by the school board. The designee shall carry the identification card on his or her person at all times while the designee is on official duty under
s. 938.19 (1m) and shall exhibit the identification card to any person to whom the designee represents himself or herself as a person authorized to take a child into custody under
s. 938.19 (1m).
118.16(2m)(e)
(e) A school district administrator who makes a designation under
par. (a) or the individual designated under
par. (a) shall immediately attempt to notify, by personal contact or telephone call, the child's parent, guardian and legal custodian that the designation has been made and that the child may be taken into custody under
s. 938.19 (1m). The school district administrator, or the designee, is not required to notify a parent, guardian or legal custodian under this paragraph if the parent, guardian or legal custodian is the person who requested that the child be taken into custody under
s. 938.19 (1m).
118.16(3)
(3) All private schools shall keep a record containing the information required under
ss. 115.30 (2) and
120.18. The record shall be open to the inspection of school attendance officers at all reasonable times. When called upon by any school attendance officer, the school shall furnish, on blanks supplied by the school attendance officer, such information in regard to any child between the ages of 6 and 18 who is a resident of the school district or who claims or is claimed to be in attendance at the school.
118.16(4)(a)(a) The school board shall establish a written attendance policy specifying the reasons for which pupils may be permitted to be absent from a public school under
s. 118.15 and shall require the teachers employed in the school district to submit to the school attendance officer daily attendance reports on all pupils under their charge.
118.16(4)(b)
(b) No public school may deny a pupil credit in a course or subject solely because of the pupil's unexcused absences or suspensions from school. The attendance policy under
par. (a) shall specify the conditions under which a pupil may be permitted to take examinations missed during absences, other than suspensions, and the conditions under which a pupil shall be permitted to take any quarterly, semester or grading period examinations and complete any course work missed during a period of suspension.
118.16(4)(c)
(c) The school board may establish policies which provide that as a consequence of a pupil's truancy the pupil may be assigned to detention or to a supervised, directed study program. The program need not be held during the regular school day. The policies under this paragraph shall specify the conditions under which credit may be given for work completed during the period of detention or assignment to a supervised, directed study program. A pupil shall be permitted to take any examinations missed during a period of assignment to a supervised, directed study program.
118.16(4)(cm)1.1. The school board may establish policies which provide that a pupil of an age eligible for high school enrollment in the school district, as determined by the school board, may be assigned to a period of assessment as a consequence of the pupil's truancy or upon the pupil's return to school from placement in a correctional facility, mental health treatment facility, alcohol and other drug abuse treatment facility or other out-of-school placement. The policies shall specify the conditions under which a pupil may participate in the assessment without being in violation of
s. 118.15 and the maximum length of time that a pupil may be assigned to an assessment period.
118.16(4)(cm)2.
2. A school board may not assign a pupil to an assessment period without the written approval of the pupil's parent or guardian. A school board may not assign a pupil to an assessment period for longer than the time necessary to complete the assessment and place the pupil in an appropriate education program or 8 weeks, whichever is less. A school board may not assign a pupil to an assessment period more than once and may not assign a pupil to an assessment period if the school district has an alternative education program, as defined in
s. 115.28 (7) (e) 1., available for the pupil that is appropriate for the pupil's needs. An assessment need not be conducted during the regular school day.
118.16(4)(cm)3.
3. The goals of an assessment period are to develop an educational plan for the pupil, implement an appropriate transitional plan and facilitate the pupil's placement in an education program in which the pupil will be able to succeed. The school board shall provide pupils who are assigned to an assessment period with information on other education programs that the school district or other community providers have available for the pupil. The assessment may include any of the following new or previously completed activities:
118.16(4)(cm)3.c.
c. An assessment of whether the pupil is encountering problems in the community or at home that require intervention by a social worker.
118.16(4)(d)
(d) The school board shall provide each pupil enrolled in the public schools in the district with a copy of the policies established under this subsection and shall file a copy of the policies in each school in the district. In addition, the school board shall make copies available upon request.
118.16(4)(e)
(e) Except as provided under
s. 119.55, a school board may establish one or more youth service centers for the counseling of children who are taken into custody under
s. 938.19 (1) (d) 10. for being absent from school without an acceptable excuse under
s. 118.15.
118.16(5)
(5) Except as provided in
sub. (5m), before any proceeding may be brought against a child under
s. 938.13 (6) for habitual truancy or under
s. 938.125 (2) or
938.17 (2) for a violation of an ordinance enacted under
s. 118.163 (2) or against the child's parent or guardian under
s. 118.15 for failure to cause the child to attend school regularly, the school 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:
118.16(5)(a)
(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.
118.16(5)(b)
(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 under
s. 118.15 (1) (d).
118.16(5)(c)
(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.
