LRB-2817/1
GMM:mfd:jf
1997 - 1998 LEGISLATURE
May 22, 1997 - Introduced by Representatives Schneider, Turner and Ainsworth.
Referred to Committee on Education.
AB373,1,6
1An Act to amend 118.15 (5) (am), 938.17 (2) (g), 938.245 (5), 938.32 (1) (a) and
2938.342 (1m) (a); and
to create 103.10 (3) (b) 4., 103.10 (6) (c), 118.163 (2) (g),
3938.245 (2v) and 938.32 (1v) of the statutes;
relating to: requiring the parent,
4guardian or legal custodian of a person who is habitually truant from school and
5a parent or guardian having control of a child who does not cause the child to
6attend school regularly to attend school with that child.
Analysis by the Legislative Reference Bureau
Under current law, a parent or guardian having control of a child who does not
cause the child to attend school regularly may be required to pay a fine and to attend
counseling at his or her own expense. Also, under current law, a parent, guardian
or legal custodian of a person under 18 years of age who is habitually truant, that is,
the person is absent from school without an acceptable excuse for part or all of 5 or
more days out of 10 consecutive school days or for part or all of 10 or more school days
during a semester, may be required to attend counseling at his or her own expense.
This bill permits the parent or guardian having control of a child who does not cause
the child to attend school regularly and a parent, guardian or legal custodian of a
person under 18 years of age who is habitually truant to be required to attend school
with the child.
Under current law, an employe may take family leave for the birth or adoptive
placement of a child or to care for a child, spouse or parent who has a serious health
condition. Currently, an employe is not entitled to receive wages or salary while
taking family leave, but may substitute, for portions of family leave, paid or unpaid
leave of any other type provided by the employer. This bill permits an employe to take
family leave in order to attend school with his or her child, if required to do so under
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB373, s. 1
1Section
1. 103.10 (3) (b) 4. of the statutes is created to read:
AB373,2,32
103.10
(3) (b) 4. To attend school with the employe's child if required to do so
3under s. 118.15 (5) (am), 118.163 (2) (g), 938.245 (2v), 938.32 (1v) or 938.342 (1m) (a).
AB373, s. 2
4Section
2. 103.10 (6) (c) of the statutes is created to read:
AB373,2,75
103.10
(6) (c) If an employe intends to take family leave for the reason specified
6in sub. (3) (b) 4., the employe shall give the employer advance notice of the school
7attendance in a reasonable and practicable manner.
AB373, s. 3
8Section
3. 118.15 (5) (am) of the statutes is amended to read:
AB373,2,119
118.15
(5) (am) The court may order any person who violates this section to
10participate in counseling at the person's own expense
or to attend school with his or
11her child, or both.
AB373, s. 4
12Section
4. 118.163 (2) (g) of the statutes is created to read:
AB373,2,1513
118.163
(2) (g) An order for the person's parent, guardian or legal custodian to
14participate in counseling at the parent's, guardian's or legal custodian's own expense
15or to attend school with the person, or both.
AB373, s. 5
16Section
5. 938.17 (2) (g) of the statutes is amended to read:
AB373,3,517
938.17
(2) (g) If a municipal court finds that a juvenile violated a municipal
18ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s.
1938.342 (1)
, and may enter a dispositional order under s. 938.342 (1m), that is
2consistent with the municipal ordinance.
If a municipal court finds that a juvenile
3violated a municipal ordinance enacted under s. 118.163 (2m), it shall enter a
4dispositional order under s. 938.342 (2) that is consistent with the municipal
5ordinance.
AB373, s. 6
6Section
6. 938.245 (2v) of the statutes is created to read:
AB373,3,107
938.245
(2v) If the deferred prosecution agreement is based on an allegation
8that the juvenile has violated a municipal ordinance enacted under s. 118.163 (2), the
9deferred prosecution agreement may require that the juvenile's parent, guardian or
10legal custodian attend school with the juvenile.
AB373, s. 7
11Section
7. 938.245 (5) of the statutes is amended to read:
AB373,3,1512
938.245
(5) A deferred prosecution agreement under sub. (2) (a) 1. to 8.
, (2g)
13or (2v). may be terminated upon the request of the juvenile, parent, guardian or legal
14custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated
15by the court upon the request of the juvenile, parent, guardian or legal custodian.
AB373, s. 8
16Section
8. 938.32 (1) (a) of the statutes is amended to read:
AB373,4,317
938.32
(1) (a) At any time after the filing of a petition for a proceeding relating
18to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
19commissioner may suspend the proceedings and place the juvenile under
20supervision in the juvenile's own home or present placement or in a youth village
21program as described in s. 118.42. The court may establish terms and conditions
22applicable to the parent, guardian or legal custodian, and to the juvenile, including
23any of the conditions specified in subs. (1d), (1g), (1m), (1t)
, (1v) and (1x). The order
24under this section shall be known as a consent decree and must be agreed to by the
25juvenile; the parent, guardian or legal custodian; and the person filing the petition
1under s. 938.25. If the consent decree includes any conditions specified in sub. (1g),
2the consent decree shall include provisions for payment of the services as specified
3in s. 938.361. The consent decree shall be reduced to writing and given to the parties.
AB373, s. 9
4Section
9. 938.32 (1v) of the statutes is created to read:
AB373,4,85
938.32
(1v) If the petition alleges that the juvenile is in need of protection or
6services under s. 938.13 (6), the judge or juvenile court commissioner may establish
7as a condition under sub. (1) that the juvenile's parent, guardian or legal custodian
8attend school with the juvenile.
AB373, s. 10
9Section
10. 938.342 (1m) (a) of the statutes is amended to read:
AB373,4,1510
938.342
(1m) (a) If the court finds that the person violated a municipal
11ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the
12dispositions under sub. (1), order the person's parent, guardian or legal custodian to
13participate in counseling at the parent's, guardian's or legal custodian's own expense
14or to attend school with the person, or both, if such a disposition is authorized by the
15municipal ordinance.
AB373,4,2417
(1)
School attendance by parent, guardian or legal custodian. The treatment
18of sections 118.15 (5) (am), 118.163 (2) (g), 938.17 (2) (g), 938.245 (2v) and (5), 938.32
19(1) (a) and (1v) and 938.342 (1m) (a) of the statutes first applies to the parent,
20guardian or legal custodian of a person who becomes a habitual truant, as defined
21in section 118.16 (1) (a) of the statutes, on the effective date of this subsection and
22to a parent or guardian having control of a child who does not cause the child to
23attend school regularly in violation of section 118.15 (1) (a) of the statutes on the
24effective date of this subsection.
AB373,5,6
1(2)
Family leave for school attendance. The treatment of sections 103.10 (3)
2(b) 4. and (6) (c) of the statutes first applies to an employe who is affected by a
3collective bargaining agreement that is in effect on the effective date of this
4subsection on the day after the collective bargaining agreement expires or on the day
5on which the collective bargaining agreement is renewed, extended or modified,
6whichever is earlier.
