PRINTER'S NO. 2316
No. 1896 Session of 1993
INTRODUCED BY STURLA, FAJT, VEON, STETLER, MIHALICH, COLAIZZO,
TIGUE, MERRY, DENT, CLARK, HALUSKA, STISH, BUXTON, ULIANA,
PRESTON, SCHULER, PETRONE, MELIO, COY, ROBINSON, BATTISTO,
SATHER, STABACK, FREEMAN, PISTELLA, LAUGHLIN, TRICH, ROONEY,
HARLEY, KASUNIC, PLATTS, HENNESSEY, OLASZ, KIRKLAND, SAYLOR,
COLAFELLA AND LEDERER, JUNE 23, 1993
REFERRED TO COMMITTEE ON EDUCATION, JUNE 23, 1993
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for penalties for
6 truancy; and granting the powers of school attendance
7 officers to State, municipal and housing authority police
8 officers.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 1333 and 1338 of the act of March 10,
12 1949 (P.L.30, No.14), known as the Public School Code of 1949,
13 amended January 14, 1970 (1969 P.L.468, No.192), are amended to
14 read:
15 Section 1333. Penalties for Violation of Compulsory
16 Attendance Requirements.--(a) Every parent, guardian, or person
17 in parental relation, having control or charge of any child or
18 children of compulsory school age, who shall fail to comply with
19 the provisions of this act regarding compulsory attendance,
1 shall on summary conviction thereof, be sentenced to pay a fine,
2 for the benefit of the school district in which such offending
3 person resides, not exceeding two dollars ($2) for the first
4 offense, and not exceeding five dollars ($5) for each succeeding
5 offense, together with costs, and, in default of the payment of
6 such fine and costs by the person so offending, shall be
7 sentenced to the county jail for a period not exceeding five (5)
8 days. Any person sentenced to pay any such fine may, at any time
9 within five (5) days thereafter, appeal to the court of quarter
10 sessions of the proper county, upon entering into a
11 recognizance, with one or more proper sureties, in double the
12 amount of penalty and costs. Before any proceedings are
13 instituted against any parent, guardian, or person in parental
14 relation, for failure to comply with the provisions of this act,
15 the district superintendent, attendance officer, or secretary of
16 the board of school directors, shall give the offending person
17 three (3) days' written notice of such violation. If, after such
18 notice has been given, the provisions of this act regarding
19 compulsory attendance are again violated by the persons so
20 notified, at any time during the term of compulsory attendance,
21 such person, so again offending, shall be liable under the
22 provisions of this section without further notice.
23 (b) Any child thirteen (13) years of age or older who fails
24 to comply with the compulsory attendance provisions of this act
25 commits a summary offense and shall be sentenced to a period of
26 community service at the direction of the court.
27 Section 1338. Delinquent Children.--In case any child of
28 compulsory school age cannot be kept in school in compliance
29 with the provisions of this act, on account of incorrigibility,
30 truancy, insubordination, or other bad conduct, or if the
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1 presence of any child attending school is detrimental to the
2 welfare of such school, on account of incorrigibility, truancy,
3 insubordination, or other bad conduct, the board of school
4 directors may, by its superintendent, secretary, [or] attendance
5 officer or State, municipal or housing authority police officer,
6 under such rules and regulations as the board may adopt, proceed
7 against said child before the juvenile court, or otherwise, as
8 is now or may hereafter be provided by law for incorrigible,
9 truant, insubordinate, or delinquent children.
10 Section 2. Section 1341 of the act, amended October 21, 1965
11 (P.L.601, No.312), is amended to read:
12 Section 1341. Duty to Employ; Power of Arrest;
13 Certification.--(a) The board of school directors of every
14 school district of the first, second, or third class, shall, and
15 in any school district of the fourth class may, employ one or
16 more persons to be known as attendance officers, or home and
17 school visitors, whose duties shall be to enforce the provisions
18 of this act regarding compulsory attendance. Such attendance
19 officers, or home and school visitors, shall, in addition to the
20 duties imposed upon them by the provisions of this act, have
21 full police power without warrant, and may arrest or apprehend
22 any child who fails to attend school in compliance with the
23 provisions of this act, or who is incorrigible, insubordinate,
24 or disorderly during attendance at school or on his way to or
25 from school. All home and school visitors shall be legally
26 certified as such by the Department of Public Instruction, upon
27 meeting such standards as shall be prescribed by the State Board
28 of Education.
29 (b) Any two or more school districts may join in the
30 appointment of an attendance officer on such terms as they may
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1 mutually agree upon.
2 (c) A State, municipal or housing authority police officer
3 shall also have the authority to enforce the compulsory
4 attendance provision of this act, and may arrest or apprehend
5 any child who fails to attend school or who is incorrigible,
6 insubordinate or disorderly during attendance at school or on
7 his way to or from school.
8 Section 3. Sections 1343 and 1344 of the act are amended to
9 read:
10 Section 1343. Arrest of Children Failing to Attend School.--
11 When an attendance officer or a State, municipal or housing
12 authority police officer arrests or apprehends any child who
13 fails to attend school as required by the provisions of this
14 act, he shall promptly notify the parents, guardian, or person
15 in parental relation to such child, if such person can be found
16 in the district, and unless requested by such parent, guardian,
17 or person in parental relation to place said child in a school
18 other than public school, he shall place said child in the
19 public school in which the child is, or should be, enrolled.
20 Section 1344. Inspecting Places Where Children are
21 Employed.--Attendance officers and State, municipal and housing
22 authority police officers shall have full power and authority to
23 enter, during business hours, any place where any children are
24 employed, to ascertain whether or not any child is engaged
25 therein that should attend school as herein provided, and such
26 attendance or police officer shall have the right to demand and
27 inspect the employment certificate of any child engaged therein.
28 Section 4. Section 1345 of the act, amended January 14, 1970
29 (1969 P.L.468, No.192), is amended to read:
30 Section 1345. Penalty for Interfering with Inspections.--Any
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1 officer, director, superintendent, manager, employe, or other
2 person, at any place where any child of compulsory school age is
3 engaged, who refuses to permit, or in any way interferes with,
4 the entrance therein of the attendance officer, State, municipal
5 or housing authority police officer, any member of the board of
6 school directors, the secretary thereof, or the district
7 superintendent of any school district, as provided for in this
8 act, shall, on summary conviction thereof, be sentenced to pay a
9 fine of not less than five dollars ($5) or more than twenty-five
10 dollars ($25), and in default thereof he may be sentenced to
11 imprisonment not exceeding thirty (30) days. Any person
12 sentenced to pay any such fine may, upon giving proper surety in
13 double the amount of penalty and costs, at any time within five
14 (5) days thereafter, appeal to the court of quarter sessions of
15 the proper county.
16 Section 5. This act shall take effect in 60 days.
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