NUMB:
981145
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. PAWLINSKI, KALWITZ, D'AMATO, SCHRAMM, GORDON, RICHARDS, BUTLER, SCHERBERT, WITKOWIAK, MURPHY AND BREIER
TITL:
A substitute ordinance relating to truancy.
SECS:
106-23.1 cr
ANLS:
- Analysis -
This ordinance, pursuant to the enabling legislation of 1997 Wisconsin Act 239, prohibits school pupils between 12 and 18 years of age from being truant. A "truant" is a pupil who is absent for any part of a school day without an acceptable excuse. Violators may be ordered to attend school and to pay a forfeiture of up to $50 for a 1st violation and up to $100 for 2nd and subsequent violations, with a maximum $500 penalty per semester. Violators may also be required to pay court costs. Forfeitures and costs may be assessed against the truant, his or her parents or guardian, or both.
BODY:
Whereas, The Milwaukee police department made over 4,600 investigative stops of possible truants between the ages of 12 and 18 in the 1997-98 school year, and has increased its efforts in the 1998-99 school year; and
Whereas, These investigative stops of possible truants have revealed the following criminal and municipal violations, outstanding warrants, weapons and missing persons:
Truancy-Related Police Activity 1997-98 school year 1998-99 to date Total police investigative stops 4,612 N/A Valid excuse (not truant) 1,521 N/A Taken to TABS program 2,914 2,474 Taken to school or parents 177 N/A Charged w/ criminal offense 82 32 Charged w/ municipal violation 312 359 Outstanding warrants 72 N/A Weapons possession 13 11 Found to be missing persons 58 47
; and
Whereas, These statistics clearly show that truancy in Milwaukee continues to be a serious problem which robs young people of their opportunity to learn and increases the incidence of illegal activity by truant students; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-23.1 of the code is created to read:
106-23.1. Truancy. 1. DEFINITIONS. In this section:
a. "Acceptable excuse" means an excuse described under ss. 118.15 and 118.16(4), Wis. Stats.
b. "Truant" means a school pupil who is at least 12 years of age who is absent from school without an acceptable excuse for part or all of any day in which school is held during a school semester.
2. PROHIBITION. It is a violation of this section for any person under 18 years of age to be truant.
3. PENALTIES. a. A person who violates this section 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 $200, 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. All or part of the forfeiture plus costs may be assessed against the truant person, the parents or guardian of the truant person, or both.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
98364-2
CW
2/16/99