LRB-2244/3
GMM:lmk:ch
2005 - 2006 LEGISLATURE
November 9, 2005 - Introduced by Representatives Krusick, Berceau, Lehman,
Seidel, Sheridan, Turner and Zepnick, cosponsored by Senators Olsen,
Darling and Carpenter. Referred to Committee on Education.
AB821,1,5
1An Act to amend 118.16 (5m) and 118.16 (6) (a) 2. c. of the statutes;
relating
2to: eliminating certain conditions that must be met before a proceeding may be
3brought against a child under 12 years of age for habitual truancy or against
4his or her parent or guardian for failure to cause the child to attend school
5regularly.
Analysis by the Legislative Reference Bureau
Currently, the compulsory school attendance law requires, subject to certain
exceptions, that a person having under his or her control a child six years of age or
over cause the child to attend school regularly during the full period and hours that
the school in which the child should be enrolled is in session until the end of the school
term, quarter, or semester in which the child becomes 18 years of age, unless the child
has an acceptable excuse for not attending school. Current law also permits counties,
cities, villages, and towns to enact ordinances prohibiting a person under 18 years
of age from being absent from school without an acceptable excuse for part or all of
five or more days on which school is held during a school semester (habitual truancy).
In addition, current law grants the court assigned to exercise jurisdiction under the
Juvenile Justice Code (juvenile court) exclusive jurisdiction over a juvenile alleged
to be in need of protection or services on the grounds of habitual truancy. Current
law requires, however, that before any proceeding may be brought against a child for
habitual truancy or against the child's parent or guardian for failure to cause the
child to attend school regularly, the school attendance officer must provide evidence
that appropriate school personnel have done all of the following:
1. Met with the child's parent or guardian to discuss the child's truancy or
attempted to meet with the child's parent or guardian but received no response or
were refused.
2. Provided an opportunity for educational counseling to determine whether a
change in the child's curriculum would resolve the child's truancy.
3. Evaluated the child to determine whether learning problems may be a cause
of the child's truancy and, if so, have taken steps to overcome the learning problems.
4. Conducted an evaluation to determine whether social problems may be a
cause of the child's truancy and, if so, have taken appropriate action or made
appropriate referrals.
This bill eliminates for a child under 12 years of age the requirements that
appropriate school personnel provide an opportunity for educational counseling for
the child, evaluate the child for learning problems, and evaluate the child for social
problems before a proceeding may be brought against the child for habitual truancy
or against the child's parent or guardian for failure to cause the child to attend school
regularly. Accordingly, under the bill, the only requirement that must be met before
bringing such a proceeding against a child under 12 years of age or the child's parent
or guardian is that appropriate school personnel have met or attempted to meet with
the child's parent or guardian. The bill, however, requires appropriate school
personnel to provide an opportunity for educational counseling for a child under 12
years of age, to evaluate the child for learning problems, and to evaluate the child
for social problems before a dispositional order is granted in such a proceeding.
For further information see the 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:
AB821, s. 1
1Section
1. 118.16 (5m) of the statutes is amended to read:
AB821,3,22
118.16
(5m) Subsection (5) (a) does not apply if a meeting under sub. (2) (cg)
33. is not held within 10 school days after the date that the notice under sub. (2) (cg)
4is sent.
Subsection (5) (b), (c), and (d) does not apply if the child is under 12 years
5of age, except that, notwithstanding the bringing of a proceeding described in sub.
6(5) against a child under 12 years of age, appropriate school personnel in the school
7or school district in which the child is enrolled shall complete the activities specified
8in sub. (5) (b), (c), and (d) before a dispositional order is granted in the proceeding. 9Subsection (5) (b), (c)
, and (d) does not apply if the school attendance officer provides
1evidence that appropriate school personnel were unable to carry out the activity due
2to the child's absences from school.
AB821, s. 2
3Section
2. 118.16 (6) (a) 2. c. of the statutes is amended to read:
AB821,3,84
118.16
(6) (a) 2. c. The child has not successfully completed participation in a
5teen court program during the 2 years before the date on which the school attendance
6officer received evidence that activities under sub. (5) have been completed or were
7not
required to be completed
due to the child's absence from school as provided in sub.
8(5m).
AB821,3,1110
(1)
Compulsory school attendance and habitual truancy violations. This act
11first applies to truancy that occurs during the 2006-07 school year.
