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.
118.16(5)(d)
(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.
118.16(5m)
(5m) 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.
118.16(6)
(6) If the school attendance officer receives evidence that activities under
sub. (5) have been completed or were not 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).
118.16(7)
(7) Any school district administrator, principal, teacher or school attendance officer who violates this section shall forfeit not less than $5 nor more than $25.
118.16 Note
NOTE: 1993 Wis. Act 339, which created sub. (4) (cm), contains explanatory notes.
118.16 Annotation
Court must consider evidence under (5) prior to entering finding of contempt based on truancy from school. Contempt in Interest of T. J. N., 141 W (2d) 838, 416 NW (2d) 632 (Ct. App. 1987).
118.16 Annotation
Sub. (5) does not limit a court's discretion in setting school attendance requirements in a dispositional order for a delinquent juvenile and in imposing sanctions where the order is violated. By its terms sub. (5) is limited to children who are habitual truants and therefore in need of protection and services. State v. Jason R.N. 201 W (2d) 646, 549 NW (2d) 752 (Ct. App. 1996).
118.162
118.162
Truancy committee and plan. 118.162(1)
(1) On July 1, 1988, in each county, the superintendent 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 make recommendations to the school boards of all of the school districts in the county on the items to be included in the districts' truancy plans under
sub. (4). The committee shall consist of the following members:
118.162(1)(a)
(a) A representative from each school district in the county, designated by the school board of the school district that he or she represents, who may be a school board member, school administrator, teacher, pupil services professional or parent of a child enrolled in the school district. If the territory of a school district lies in more than one county, the school district shall have a representative on the committee for the county in which the largest portion of the school district's equalized valuation is located.
118.162(1)(b)
(b) A representative of the office of the district attorney, designated by the district attorney.
118.162(1)(c)
(c) A representative of the sheriff's department, designated by the sheriff.
118.162(1)(d)
(d) A representative of the local law enforcement agency, other than the sheriff's department, with jurisdiction over the county seat, designated by the chief administrative officer of the law enforcement agency.
118.162(1)(e)
(e) A representative of the circuit court for the county, designated by the chief judge of the judicial administrative district.
118.162(1)(f)
(f) A representative of the county department of social services under
s. 46.22, designated by the county social services director, or, if the duties of the department under
s. 46.22 have been transferred to a department under
s. 46.23, a representative of the county department of human services under
s. 46.23, designated by the county human services director.
118.162(1)(g)
(g) A representative of the juvenile court intake unit, designated by the county social services director, or, if the duties of the department under
s. 46.22 have been transferred to a department under
s. 46.23, designated by the county human services director, or designated by the chief judge of the judicial administrative district.
118.162(1)(h)
(h) If a county department of human services has not been established under
s. 46.23, a representative of a county department established under
s. 51.42 or
51.437, designated by the director of the department established under
s. 51.42 or
51.437.
118.162(1)(i)
(i) Any other member as determined by the committee.
118.162(2)(a)
(a) The committee shall consult with public and private social services agencies and educational and other agencies that serve residents of the school district and with the business community, as appropriate.
118.162(2)(b)
(b) The district attorney representative on the committee shall participate in developing the portions of the plan under
sub. (4) (e).
118.162(3)
(3) The committee shall write a report to accompany the recommendations under
sub. (1). The report shall include all of the following:
118.162(3)(a)
(a) A description of the factors that contribute to truancy in the county.
118.162(3)(b)
(b) Identification and description of any state statutes, municipal ordinances or school or social services policies that contribute to or inhibit the response to truancy in the county.
118.162(3)(c)
(c) Recommendations for legislation and school or social services policies that the committee believes should be enacted or developed to assist in dealing with truancy.
118.162(4)
(4) Not later than September 1, 1989, each school board shall adopt a truancy plan which shall include all of the following:
118.162(4)(a)
(a) Procedures to be followed for notifying the parents or guardians of the unexcused absences of habitual truants under
s. 118.16 (2) (cr) and for meeting and conferring with such parents or guardians.
118.162(4)(b)
(b) Plans and procedures for identifying truant children of all ages and returning them to school, including the identity of school personnel to whom a truant child shall be returned.
118.162(4)(c)
(c) Methods to increase and maintain public awareness of and involvement in responding to truancy within the school district.
118.162(4)(d)
(d) The immediate response to be made by school personnel when a truant child is returned to school.
118.162(4)(e)
(e) The types of truancy cases to be referred to the district attorney for the filing of information under
s. 938.24 or prosecution under
s. 118.15 (5) and the time periods within which the district attorney will respond to and take action on the referrals.
118.162(4)(f)
(f) Plans and procedures to coordinate the responses to the problems of habitual truants, as defined under
s. 118.16 (1) (a), with public and private social services agencies.
118.162(4)(g)
(g) Methods to involve the truant child's parent or guardian in dealing with and solving the child's truancy problem.
118.162(5)
(5) In adopting a truancy plan under
sub. (4), each school board shall:
118.162(5)(a)
(a) Develop a written description of the factors that contribute to truancy in the school district.
118.162(5)(b)
(b) Identify and prepare a written description of any state statutes, municipal ordinances or school or social services policies that contribute to or inhibit the response to truancy in the school district.
118.162(5)(c)
(c) Make recommendations to the appropriate state and local agencies and governing bodies for legislation and school or social services policies that the school board believes should be enacted or developed to assist in dealing with truancy.
118.162 History
History: 1987 a. 285;
1995 a. 77,
201.
118.163
118.163
Municipal truancy and school dropout ordinances. 118.163(1)(b)
(b) "Habitual truant" means a pupil who is absent from school without an acceptable excuse under
s. 118.15 for either of the following:
118.163(1)(b)1.
1. Part or all of 5 or more days out of 10 consecutive days on which school is held during a school semester.
118.163(1)(b)2.
2. Part or all of 10 or more days on which school is held during a school semester.
118.163(2)
(2) A county, city, village or town may enact an ordinance prohibiting a person under 18 years of age from being a habitual truant. The ordinance shall provide which of the following dispositions are available to the court:
118.163(2)(a)
(a) Suspension of the person's operating privilege, as defined in
s. 340.01 (40), for not less than 30 days nor more than 90 days. 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.
118.163(2)(b)
(b) An order for the person to participate in counseling or a supervised work program or other community service work under
s. 938.34 (5g).
118.163(2)(c)
(c) An order for the person to remain at home except during hours in which the person 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.
118.163(2)(e)
(e) An order for the department of industry, labor and human relations to revoke, under
s. 103.72, a permit under
s. 103.70 authorizing the employment of the person.
118.163(2m)
(2m) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege, as defined in
s. 340.01 (40), of a person who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the person's operating privilege, as defined in
s. 340.01 (40), until the person reaches the age of 18. 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.
118.163(3)(a)(a) An ordinance enacted by a county under
sub. (2) is applicable in that part of any city or village located in the county and in any town located in the county, unless the city, village or town has enacted an ordinance under
sub. (2).
118.163(3)(b)
(b) An ordinance enacted by a county under
sub. (2m) is applicable in that part of any city or village located in the county and in any town located in the county, unless the city, village or town has enacted an ordinance under
sub. (2m).
118.165(1)(1) An institution is a private school if its educational program meets all of the following criteria:
118.165(1)(a)
(a) The primary purpose of the program is to provide private or religious-based education.
118.165(1)(c)
(c) The program provides at least 875 hours of instruction each school year.
118.165(1)(d)
(d) The program provides a sequentially progressive curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science and health. This subsection does not require the program to include in its curriculum any concept, topic or practice in conflict with the program's religious doctrines or to exclude from its curriculum any concept, topic or practice consistent with the program's religious doctrines.
118.165(1)(e)
(e) The program is not operated or instituted for the purpose of avoiding or circumventing the compulsory school attendance requirement under
s. 118.15 (1) (a).
118.165(1)(f)
(f) The pupils in the institution's educational program, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation, or the institution is licensed as a child welfare agency under
s. 48.60 (1).
118.165(2)
(2) An institution may request the department to approve the institution's educational program as a private school. The department shall base its approval solely on the criteria under
sub. (1).
Effective date note
NOTE: Sub. (2) 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
(2) An institution may request the state superintendent to approve the institution's educational program as a private school. The state superintendent shall base his or her approval solely on the criteria under sub. (1).
118.167
118.167
Private school determination by department. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the department attesting that the institution meets or exceeds all of the criteria under
s. 118.165 and the department finds that the institution does meet or exceed all of the criteria under
s. 118.165, the department shall determine that the institution is a private school. If at any time the department finds that an institution determined to be a private school under this section no longer meets the criteria under
s. 118.165, the department may withdraw the determination.
Effective date note
NOTE: This section 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
118.167 Private school determination by state superintendent. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the state superintendent attesting that the institution meets or exceeds all of the criteria under s. 118.165 and the state superintendent finds that the institution does meet or exceed all of the criteria under s. 118.165, the state superintendent shall determine that the institution is a private school. If at any time the state superintendent finds that an institution determined to be a private school under this section no longer meets the criteria under s. 118.165, he or she may withdraw the determination.
118.167 History
History: 1983 a. 512;
1995 a. 27.
118.17
118.17
Indigent children. The principal or teacher in charge of any public school shall report to the county department under
s. 46.215,
46.22 or
46.23 for the county wherein the school is situated the name and address of any child in the school whose parent, guardian or other person having control, charge or custody of the child is without sufficient means to furnish the child with food or clothing necessary to enable the child to attend school.
118.17 History
History: 1985 a. 29;
1995 a. 27.
118.17 Cross-reference
Cross-reference: Section
120.12 (11) provides for free books and school supplies for indigent children.
118.18
118.18
Teacher reports. Every teacher shall record the names, ages and studies of all pupils under his or her charge and their daily attendance and such other facts or matters relating to the school as the department or school board requires.
Effective date note
NOTE: This section 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
118.18 Teacher reports. Every teacher shall record the names, ages and studies of all pupils under his or her charge and their daily attendance and such other facts or matters relating to the school as the state superintendent or school board requires.
118.18 History
History: 1979 c. 301;
1995 a. 27 s.
9145 (1).
118.19
118.19
Teacher certificates and licenses. 118.19(1)
(1) Any person seeking to teach in a public school, including a charter school, or in a school or institution operated by a county or the state shall first procure a license or permit from the department.
118.19(2)
(2) Until the end of the 1971-1972 school year, no certificate or license to teach in any public school may be issued unless the applicant has completed, beyond the work of the high school, 2 years of school work which were devoted to pedagogical instruction and training. Any teacher who has taught in any public school in the 1937-1938 school year or prior thereto may continue to teach in the public schools without complying with this subsection.
118.19(3)(a)(a) No license to teach in any public school may be issued unless the applicant possesses a bachelor's degree including such professional training as the department by rule requires, except as permitted under
par. (b) and
ss. 115.28 (17) (a) and
118.192. Notwithstanding
s. 36.11 (16), beginning August 31, 1990, no teacher preparatory program in this state may be approved by the department under
s. 115.28 (7) (a), unless each student in the program is required to complete student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school. Beginning August 31, 1990, no license to teach in any public school may be granted to an applicant who completed a professional training program outside this state unless the applicant completed student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the department. The department may grant exceptions to the student teaching requirements under this paragraph when the midyear calendars of the institution offering the teacher preparatory program and the cooperating school differ from each other and would prevent students from attending classes at the institution in accordance with the institution's calendar. The department shall promulgate rules to implement this subsection.
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) No license to teach in any public school may be issued unless the applicant possesses a bachelor's degree including such professional training as the department by rule requires, except as permitted under par. (b) and ss. 115.28 (17) (a) and 118.192. Notwithstanding s. 36.11 (16), beginning August 31, 1990, no teacher preparatory program in this state may be approved by the state superintendent under s. 115.28 (7) (a), unless each student in the program is required to complete student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school. Beginning August 31, 1990, no license to teach in any public school may be granted to an applicant who completed a professional training program outside this state unless the applicant completed student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the state superintendent. The state superintendent may grant exceptions to the student teaching requirements under this paragraph when the midyear calendars of the institution offering the teacher preparatory program and the cooperating school differ from each other and would prevent students from attending classes at the institution in accordance with the institution's calendar. The state superintendent shall promulgate rules to implement this subsection.
