THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARPER, MOUL, CALTAGIRONE, GEIST, GROVE, HESS, MILLER, MUNDY, MURT, PICKETT, TOOHIL AND WATSON, JUNE 22, 2012

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 22, 2012  

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," further providing for penalties for

violation of compulsory attendance requirements and for

report of children not enrolling, or withdrawing, or being

illegally absent.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1333(b) of the act of March 10, 1949

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

amended November 17, 1995 (1st Sp.Sess., P.L.1110, No.29), is

amended to read:

Section 1333.  Penalties for Violation of Compulsory

Attendance Requirements.--* * *

(b)  (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] magisterial district judge 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]

magisterial district judge 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. A school district shall not refer a child for services or

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

6302 unless the school district has exercised due diligence in

its attempts to compel the child's compliance with the

compulsory attendance provisions of this act. Such due diligence

shall include development of an individualized truancy

elimination plan developed cooperatively with teachers and

appropriate school personnel through a conference with the

child's family following the first notice of truancy given under

section 1354. The truancy elimination plan developed through the

conference with a child's family shall assess and identify the

causes of truancy and include a mutually agreed-upon plan to

assure regular school attendance. If the child's family refuses

to participate in the development of a truancy elimination plan,

due diligence shall include the development of a truancy

elimination plan for the child by the school district and

documentation of the school district's efforts to include the

family in the development of the plan.

(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 within a single school year 

following the first notice of truancy given under section 1354.

A person may be habitually truant after such notice.

"Magisterial district judge" shall mean such court as the

court of common pleas shall direct in counties not having

magisterial district judges.

"Offense" shall mean each citation which goes before a

[district justice] magisterial district judge 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 2.  Section 1354 of the act, amended January 14, 1970

(1969 P.L.468, No.192), is amended to read:

Section 1354.  Report of Children not Enrolling, or

Withdrawing, or Being Illegally Absent.--It shall be the duty of

every principal or teacher of a public school to report

immediately to the attendance officer, district superintendent,

or secretary of the board of school directors, the names of all

children in the list furnished to him who have not appeared for

enrollment, and he shall also properly report, from time to

time, to the attendance officer, district superintendent, or

secretary of the board of school directors, the names of all

children who having enrolled have subsequently withdrawn from

school, or who have been absent three (3) days within a single

school year, or their equivalent, without lawful excuse. Such

person shall thereupon serve upon the parent, guardian, or other

person in parental relation to such children unlawfully absent

from school, the written notice hereinbefore provided, and if it

shall appear that, within three (3) days thereafter, any child,

parent, guardian, or other person in parental relation shall

have failed to comply with the provisions of this act, the

superintendent, attendance officer, or secretary of the board of

school directors, in the name of the school district, shall

proceed against the person so offending, in accordance with the

provisions of this act.

Section 3.  The Department of Education, in the manner

provided by law and in consultation with the Department of

Public Welfare, shall promulgate regulations necessary to carry

out the amendment of section 1333(b) of the act. The regulations

shall provide for the creation and format of truancy elimination

plans pursuant to section 1333(b) of the act.

Section 4.  This act shall take effect in 60 days.