§ 16-325. Truancy.

(a)

Contributing to truancy.

(1)

Except as provided in subsection (a)(2) of this section, any person 17 years of age or older, who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in subsection (a)(4) of this section, of a person 17 years of age or under shall be subject to a forfeiture pursuant to section 1-15

(2)

Subsection (a)(1) of this section does not apply to a person who has under his control a child who has been sanctioned under Wis. Stats. § 49.26(1)(h).

(3)

An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be a truant.

(4)

The term "truancy" means any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of Wis. Stats. § 118.15.

(b)

Parent or guardian liable for truancy.

(1)

Unless the child is excepted or excused under Wis. Stats. § 118.15, or has graduated from high school, any person having under control a child who is between the ages of six and 18 years shall cause the child to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.

(2)

A person found to have violated subsection (b)(1) of this section, after evidence is provided by a school official that the activities under Wis. Stats. § 118.16(5) have been completed, shall be subject to a forfeiture pursuant to section 1-15. Subsection (b)(2) of this section, does not apply to a person who has under his control a child who has been sanctioned under Wis. Stats. § 49.26(1)(h), nor does it apply if the person proves that he is unable to comply with subsection (b)(1) of this section because of the disobedience of the child.

(Code 1989, § 11-2-13)

State law reference

School attendance, Wis. Stats. § 118.16; municipal truancy ordinances, Wis. Stats. § 118.163; contributing to truancy, Wis. Stats. § 948.45.