THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, CARROLL, D. COSTA, DONATUCCI, FABRIZIO, GILLESPIE, GROVE, MAHONEY, MANN, MILLER, PAYTON, REICHLEY, VULAKOVICH, WHITE AND WAGNER, APRIL 7, 2011

REFERRED TO COMMITTEE ON EDUCATION, APRIL 7, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in pupils and attendance, further

providing for penalties for violating compulsory attendance

and for suspension of operating privilege.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1333(b) and 1338.1 of the act of March

10, 1949 (P.L.30, No.14), known as the Public School Code of

1949, amended or added November 17, 1995 (1st Sp.Sess.,

P.L.1110, No.29), are amended to read:

Section 1333.  Penalties for Violation of Compulsory

Attendance Requirements.--* * *

(b)  The following apply:

(1)  If the parent, guardian or person in parental relation

is not convicted of a summary offense because he or she took

every reasonable step to insure attendance of the child at

school, a child of compulsory school age who has attained the

age of thirteen (13) years and fails to comply with the

provisions of this act regarding compulsory attendance or who is

habitually truant from school without justification commits a

summary offense and except as provided in clause (4) shall, upon

conviction, [be sentenced to pay a fine not exceeding three

hundred dollars ($300) for each offense for the benefit of the

school district in which such offending child resides or shall]

be assigned to an adjudication alternative program pursuant to

42 Pa.C.S. § 1520 (relating to adjudication alternative

program).

(2)  For any child who has attained the age of thirteen (13)

years who fails [to pay the fine under clause (1) or] to comply

with the adjudication alternative program, the district justice

may allege the child to be dependent under 42 Pa.C.S. § 6303(a)

(1) (relating to scope of chapter). The failure by the child to

[pay a fine or] comply with the adjudication alternative program

shall not constitute a delinquent act under 42 Pa.C.S. Ch. 63 

(relating to juvenile matters).

(3)  Upon a summary conviction or assignment to an

adjudication alternative program, the district justice may

suspend, in whole or in part, a sentence or an adjudication

alternative program in which a child who has attained the age of

thirteen (13) years must pay or comply with the adjudication

alternative program: Provided, That the child no longer is

habitually truant from school without justification.

(4)  Any child who has not attained the age of thirteen (13)

years who fails to comply with the compulsory attendance

provisions of this act and is habitually truant shall be

referred by the school district for services or possible

disposition as a dependent child as defined under 42 Pa.C.S. §

6302 (relating to definitions). Any child who has attained the

age of thirteen (13) years who fails to comply with the

compulsory attendance provisions of this act and is habitually

truant may, in lieu of a prosecution under clause (1), be

referred by the school district for services or possible

disposition as a dependent child as defined under 42 Pa.C.S. §

6302.

(5)  The following words, when used in this subsection, shall

have the following meaning, except where the context clearly

indicates or requires a different meaning:

"Community resources" shall mean those agencies and services

for children and youth provided by the juvenile court, the

county, the Department of Health, the Department of Public

Welfare and other public or private institutions.

"District justice" shall mean such court as the court of

common pleas shall direct in counties not having district

justices.

"Habitually truant" shall mean absence for more than three

(3) school days or their equivalent following the first notice

of truancy given under section 1354. A person may be habitually

truant after such notice.

"Offense" shall mean each citation which goes before a

district justice or court of common pleas.

"Person in parental relation" shall not include any county

agency or person acting as an agent of the county agency in the

jurisdiction of a dependent child defined under 42 Pa.C.S. §

6302 (relating to definitions).

* * *

Section 1338.1.  Suspension of Operating Privilege.--(a)  (1) 

The Department of Transportation shall suspend for 90 days the

operating privilege of any child upon receiving a certified

record that the child was convicted of violating section 1333.

If the department receives a second or subsequent conviction for

a child's violation of section 1333, the department shall

suspend the child's operating privilege for six months.

(2)  The Department of Transportation shall restore operating

privileges prior to expiration of the period of suspension when

an individual otherwise eligible for restoration provides such

proof as the Department of Transportation may require that the

individual has completed high school, obtained a general

educational development (GED) diploma or attained twenty-one

(21) years of age.

(b)  Any child whose record is received by the department

under section 1333(c) and who does not have a driver's license

shall be ineligible to apply for a driver's license under 75

Pa.C.S. §§ 1505 (relating to learners' permits) and 1507

(relating to application for driver's license or learner's

permit by minor) for the time periods specified in subsection

(a). If the child is under sixteen (16) years of age when

convicted, suspension of operating privileges shall commence in

accordance with 75 Pa.C.S. § 1541 (relating to period of

revocation or suspension of operating privilege) for the time

specified in subsection (a).

(c)  An insurer may not increase premiums, impose any

surcharge or rate penalty or make any driver record point

assignment for automobile insurance, nor shall an insurer cancel

or refuse to renew an automobile insurance policy on account of

a suspension under this section.

Section 2.  This act shall take effect in 60 days.