1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in pupils and attendance, further
6providing for penalties for violations of compulsory
7attendance requirements.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 1333(a)(1) and (3) and (b)(1), (2), (3)
11and (4) of the act of March 10, 1949 (P.L.30, No.14), known as
12the Public School Code of 1949, amended November 17, 1995 (1st
13Sp.Sess., P.L.1110, No.29), are amended to read:

14Section 1333. Penalties for Violation of Compulsory
15Attendance Requirements.--(a) (1) Every parent, guardian, or
16person in parental relation, having control or charge of any
17child or children of compulsory school age, who shall fail to
18comply with the provisions of this act regarding compulsory
19attendance, shall on summary conviction thereof, be sentenced to
20[pay a fine, for the benefit of the school district in which

1such offending person resides, not exceeding three hundred
2dollars ($300) and to pay court costs or be sentenced to]
3complete a parenting education program offered and operated by a
4local school district, medical institution or other community
5resources. [, and, in default of the payment of such fine and
6costs or completion of the parenting program by the person so
7offending, shall be sentenced to the county jail for a period
8not exceeding five (5) days. Any person sentenced to pay any
9such fine may appeal to the court of common pleas of the proper
10county, upon entering into a recognizance, with one or more
11proper sureties, in double the amount of penalty and costs.]
12Before any proceedings are instituted against any parent,
13guardian, or person in parental relation, for failure to comply
14with the provisions of this act, the district superintendent,
15attendance officer, or secretary of the board of school
16directors, shall give the offending person three (3) days'
17written notice of such violation. If, after such notice has been
18given, the provisions of this act regarding compulsory
19attendance are again violated by the persons so notified, at any
20time during the term of compulsory attendance, such person, so
21again offending, shall be liable under the provisions of this
22section without further notice.

23* * *

24(3) Upon a summary conviction, the district justice may
25suspend, in whole or in part, a sentence [in which a parent,
26guardian or person in parental relation is summoned to pay as
27required] under this section: Provided, That the child no longer
28is habitually truant from school without justification.

29* * *

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

1relation is not convicted of a summary offense because he or she
2took every reasonable step to insure attendance of the child at
3school, a child of compulsory school age who has attained the
4age of thirteen (13) years and fails to comply with the
5provisions of this act regarding compulsory attendance or who is
6habitually truant from school without justification commits a
7summary offense and [except as provided in clause (4) shall,
8upon conviction, be sentenced to pay a fine not exceeding three
9hundred dollars ($300) for each offense for the benefit of the
10school district in which such offending child resides or shall
11be assigned to an adjudication alternative program pursuant to
1242 Pa.C.S. § 1520 (relating to adjudication alternative
13program).] shall not be eligible for a driver's license until:

14(i) the child presents to the Department of Transportation a
15certification signed by the attendance officer of the school
16which the child attends stating that the child is no longer
17habitually truant; or

18(ii) the child completes high school, obtains a general
19educational development diploma, joins the military, legally
20withdraws from school or attains twenty-one (21) years of age.

21[(2) For any child who has attained the age of thirteen (13)
22years who fails to pay the fine under clause (1) or to comply
23with the adjudication alternative program, the district justice
24may allege the child to be dependent under 42 Pa.C.S. § 6303(a)
25(1) (relating to scope of chapter). The failure by the child to
26pay a fine or comply with the adjudication alternative program
27shall not constitute a delinquent act under 42 Pa.C.S. Ch. 63
28(relating to juvenile matters).

29(3) Upon a summary conviction or assignment to an
30adjudication alternative program, the district justice may

1suspend, in whole or in part, a sentence or an adjudication
2alternative program in which a child who has attained the age of
3thirteen (13) years must pay or comply with the adjudication
4alternative program: Provided, That the child no longer is
5habitually truant from school without justification.]

6(4) Any child who has not attained the age of thirteen (13)
7years who fails to comply with the compulsory attendance
8provisions of this act and is habitually truant shall be
9referred by the school district for services or possible
10disposition as a dependent child as defined under 42 Pa.C.S. § 
116302 (relating to definitions). Any child who has attained the
12age of thirteen (13) years who fails to comply with the
13compulsory attendance provisions of this act and is habitually
14truant may[, in lieu of a prosecution under clause (1),] be
15referred by the school district for services or possible
16disposition as a dependent child as defined under 42 Pa.C.S. § 
176302.

18* * *

19Section 2. This act shall take effect in 60 days.