Number
011343
Version
SUBSTITUTE 3
Reference
Sponsor
ALD. BOHL, RICHARDS, BREIER, DONOVAN, GORDON, PAWLINSKI, NARDELLI, HENNINGSEN AND HERRON
Title
A substitute ordinance prohibiting habitual truancy and providing penalties.
Sections
106-23.1-1-b rn
106-23.1-1-b cr
106-23.1-2 am
106-23.1-3 rc
Analysis
Pursuant to authority granted in s. 118.163(2), Wis. Stats., this ordinance creates a municipal prohibition of and prescribes penalties for habitual truancy. A habitual truant is defined as any student who is absent without an acceptable excuse for part or all of 5 or more days on which school is held during a school semester.
The penalties prescribed are:
1. Suspension of the habitual truant's motor vehicle operating privileges for not less than 30 days nor more than one year.
2. An order for the habitual truant to participate in counseling or a supervised work program or other community service.
3. An order for the state department of workforce development to revoke the habitual truant's work permit.
4. An order for the habitual truant to attend school.
5. A forfeiture of not more than $500 plus costs.
6. An order placing the habitual truant under formal or informal supervision for up to one year.
7. An order for the habitual truant's parent, guardian or legal custodian to participate in counseling or to attend school with the habitual truant, or both.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-23.1-1-b of the code is renumbered 106-23.1-1-c.
Part 2. Section 106-23.1-1-b of the code is created to read:
106-23.1. Truancy.
1. DEFINITIONS.
b. "Habitual truant" means any pupil who is truant for part or all of 5 or more days in a school semester.
Part 3. Section 106-23.1-2 of the code is amended to read:
2. PROHIBITION. It is a violation of this section for any person under 18 years of age to be truant >>or a habitual truant<<.
Part 4. Section 106-23.1-3 of the code is repealed and recreated to read:
3. PENALTIES.
a. Any truant may be subject to any or all of the following:
a-1. An order to attend school.
a-2. A forfeiture of not more than $50, plus court costs, for a first violation.
a-3. A forfeiture of not more than $100, plus court costs, for a second or subsequent violation committed within 12 months of the commission of a previous violation, subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester.
a-4. An order to pay court costs, subject to s. 938.37, Wis. Stats.
b. Any habitual truant may be subject to any or all of the following:
b-1. Suspension of his or her operating privileges for not less than 30 days nor more than one year. The court shall immediately take possession of any suspended license and forward it to the Wisconsin department of transportation together with a notice stating the reason for and the duration of the suspension.
b-2. An order to participate in counseling or a supervised work program or other community service work as described in s. 938.342(1g)(b), Wis. Stats.
b-3. An order for the department of workforce development to revoke, under s. 103.72, Wis. Stats., a permit issued under s. 103.70, Wis. Stats., authorizing the employment of the habitual truant.
b-4. An order to attend school.
b-5. A forfeiture of not more than $500, plus court costs, subject to s. 938.37, Wis. Stats.
b-6. An order placing the habitual truant under formal or informal supervision as described in s. 938.34(2), Wis. Stats., for up to one year.
b-7. An order for the habitual truant's parent, guardian or legal custodian to participate in counseling or to attend school with the habitual truant, or both.
c. All or part of any forfeiture assessed pursuant to this section may be assessed against the truant or habitual truant, his or her parent or guardian, or both.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB01589-3
jro
02/03/03