Wisconsin Code § 118.163

Municipal truancy and school dropout ordinances
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(1) In this section:
(a) “Dropout” has the meaning given in s. 118.153 (1) (b).
(b) “Habitual truant” has the meaning given in s. 118.16 (1)
(a).
(c) “Operating privilege” has the meaning given in s. 340.01
(40).
(d) “Truant” means a pupil who is absent from school without
an acceptable excuse under ss. 118.15 and 118.16 (4) for part or
all of any day on which school is held during a school semester.
(1m) A county, city, village or town may enact an ordinance
prohibiting a person under 18 years of age from being a truant.
The ordinance shall provide which of the following dispositions
are available to the court:
(a) An order for the person to attend school.
(b) A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any 2nd
or subsequent violation committed within 12 months of a previous violation, subject to s. 938.37 and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents
or guardian of the person, or both.
(c) An order for the person to report to a youth report center
after school, in the evening, on weekends, on other nonschool
days, or at any other time that the person is not under immediate
adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center
as described in s. 938.342 (1d) (c).
(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:
(a) Suspension of the person’s operating privilege for not less
than 30 days nor more than one year. The court may take possession of any suspended license. If the court takes possession of a
license, it shall destroy the license. The court shall forward to the
department of transportation a notice stating the reason for and
the duration of the suspension.
(b) An order for the person to participate in counseling or a
supervised work program or other community service work as
described in s. 938.34 (5g). The costs of any such counseling, supervised work program or other community service work may be
assessed against the person, the parents or guardian of the person,
or both. Any county department of human services or social services, community agency, public agency or nonprofit charitable
organization administering a supervised work program or other
community service work to which a person is assigned pursuant
to an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000 for any act or
omission by or impacting on that person.
(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.
(d) An order for the person to attend an educational program
as described in s. 938.34 (7d).
(e) An order for the department of workforce development to
revoke, under s. 103.72, a permit under s. 103.70 authorizing the
employment of the person.
(f) An order for the person to be placed in a teen court program as described in s. 938.342 (1g) (f).
(g) An order for the person to attend school.
(h) A forfeiture of not more than $500 plus costs, subject to s.
938.37. All or part of the forfeiture plus costs may be assessed
against the person, the parents or guardian of the person, or both.
(i) Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with
other children or adults.
(j) An order placing the person under formal or informal supervision, as described in s. 938.34 (2), for up to one year.
(k) An order for the person’s parent, guardian or legal custodian to participate in counseling at the parent’s, guardian’s or legal custodian’s own expense or to attend school with the person,
or both.
(L) An order for the person to report to a youth report center
after school, in the evening, on weekends, on other nonschool
days, or at any other time that the person is not under immediate
adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center
as described in s. 938.342 (1g) (k).
(2m) (a) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege 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 until the person reaches
the age of 18. The court may take possession of any suspended license. If the court takes possession of a license, it shall destroy
the license. The court shall forward to the department of transportation a notice stating the reason for and the duration of the
suspension.
(b) A court may order a school district to provide to the court
a list of all persons who are known to the school district to be
dropouts and who reside within the county in which the circuit
court is located or the municipality in which the municipal court
is located. Upon request, the department of transportation shall
assist the court to determine which dropouts have operating
privileges.
(3) An ordinance enacted by a county under sub. (1m), (2) or
(2m) is applicable and may be enforced in that part of any city or
village located in the county and in any town located in the
county regardless of whether the city, village or town has enacted
an ordinance under sub. (1m), (2) or (2m).
(4) A person who is under 17 years of age on the date of disposition is subject to s. 938.342.

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