118.15(5)(b)2.
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.
118.15 History
History: 1971 c. 40,
125,
154;
1973 c. 89,
243,
319,
332;
1975 c. 39,
199;
1979 c. 221,
298,
300,
355;
1981 c. 20;
1983 a. 512;
1985 a. 29;
1987 a. 36,
285,
399;
1989 a. 31,
336;
1991 a. 39;
1993 a. 223,
399;
1995 a. 27 s.
3945,
9145 (1);
1995 a. 77,
225;
1997 a. 27,
164,
205,
239;
2001 a. 109.
118.15 Cross-reference
Cross Reference: See also ch.
TCS 9, Wis. adm. code.
118.15 Annotation
Compelling Amish parents to send their children to high school infringed upon their religious liberties. State v. Yoder,
49 Wis. 2d 430,
182 N.W.2d 539 (1971). Affirmed,
406 U.S. 205 (1972).
118.15 Annotation
A city is not liable for a failure to enforce the school attendance laws for damages resulting from an assault by truants. Riemer v. Crayton,
57 Wis. 2d 755 (1973).
118.15 Annotation
A refusal, on religious grounds, to send children to school was a personal, philosophical choice by parents, rather than a protected religious expression. State v. Kasuboski,
87 Wis. 2d 407,
275 N.W.2d 101 (Ct. App. 1978).
118.15 Annotation
This section permits VTAE [now technical college] instructors to teach a limited number of courses to public school students, under certain circumstances, without department of public instruction certification. Green Bay Education Association v. DPI,
154 Wis. 2d 655,
453 N.W.2d 915 (Ct. App. 1990).
118.15 Annotation
The Amish and compulsory school attendance. 1971 WLR 832.
118.153
118.153
Children at risk of not graduating from high school. 118.153(1)(a)
(a) "Children at risk" means pupils in grades 5 to 12 who are at risk of not graduating from high school because they failed the high school graduation examination administered under
s. 118.30 (1m) (d), are dropouts, or are 2 or more of the following:
118.153(1)(a)1m.
1m. One or more years behind their age group in the number of high school credits attained.
118.153(1)(a)2.
2. Two or more years behind their age group in basic skill levels.
118.153(1)(a)5.
5. Eighth grade pupils whose score in each subject area on the examination administered under
s. 118.30 (1m) (am) 1. was below the basic level, 8th grade pupils who failed the examination administered under
s. 118.30 (1m) (am) 2., and 8th grade pupils who failed to be promoted to the 9th grade.
118.153(1)(b)
(b) "Dropout" means a child who ceased to attend school, does not attend a public or private school, technical college or home-based private educational program on a full-time basis, has not graduated from high school and does not have an acceptable excuse under
s. 118.15 (1) (b) to
(d) or
(3).
118.153(2)(a)(a) Every school board shall identify the children at risk who are enrolled in the school district and annually by August 15 develop a plan describing how the school board will meet their needs.
118.153(2)(b)
(b) If in the previous school year a school district had 30 or more dropouts or a dropout rate exceeding 5% of its total high school enrollment, the school board may apply to the state superintendent for aid under this section.
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 another 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 30 pupils and no more than 250 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) Annually in August, 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 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 or passed the high school graduation examination administered under
s. 118.30 (1m) (d).
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 has demonstrated, on standardized tests or other appropriate measures, a gain in reading and mathematics commensurate with the duration of his or her enrollment in the program.
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)(a)1.
1. "Alternative school" means a public school that has at least 30 pupils and no more than 250 pupils, has a separate administrator or teacher in charge of the school and offers a nontraditional curriculum.
118.153(5)(a)2.
2. "School within a school" means a school that has at least 30 pupils and no more than 250 pupils, has a separate administrator or teacher in charge of the school and is housed in a space specifically dedicated to it in a public school.
118.153(5)(b)
(b) Subject to
sub. (3) (c) 3., a school board receiving funds under this section shall provide a specific sum to each program for children at risk in which pupils enrolled in the school district are enrolled based on the ability of the program to meet the objectives under
sub. (4) (c).
118.153(5)(c)
(c) A school board receiving funds under this section shall give preference in allocating those funds to programs for children at risk provided by alternative schools, charter schools, schools within schools and agencies identified under
sub. (3) (c) 1.
118.153(6)
(6) By January 1, 2005, the legislative audit bureau shall audit programs funded under this section to determine the extent to which they meet the objectives under
sub. (4) (c).
118.153(7)
(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.
118.153 Cross-reference
Cross Reference: See also ch.
PI 25, Wis. adm. code.
118.155
118.155
Released time for religious instruction. 118.155(1)(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).
118.16
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 part or all of 5 or more days on which school is held during a school semester.
118.16(1)(b)
(b) "School attendance officer" means an employee 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(1m)
(1m) The period during which a pupil is absent from school due to a suspension or expulsion under
s. 120.13 or
119.25 is neither an absence without an acceptable excuse for the purposes of
sub. (1) (a) nor an absence without legal cause for the purposes of
sub. (1) (c).
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 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. 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.
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 workforce 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 employee 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 employee 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 employee 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 forms supplied by the school attendance officer, the information required under
ss. 115.30 (2) and
120.18 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.
