Regular Session 2015-2016 House Bill 1907 P.N. 4045

SENATE AMENDED

PRIOR PRINTER'S NOS. 2983, 3059, 3108, 3199

PRINTER'S NO. 4045

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1907

Session of

2015

INTRODUCED BY BENNINGHOFF, SAYLOR, ADOLPH, BAKER, V. BROWN,

D. COSTA, CUTLER, DeLUCA, ELLIS, EVERETT, GILLESPIE, HARHART,

A. HARRIS, PHILLIPS-HILL, KLUNK, OBERLANDER, PICKETT,

STEPHENS, THOMAS, TOOHIL, WARD, WATSON, WHITE, PEIFER,

ZIMMERMAN, MOUL AND MICCARELLI, MARCH 17, 2016

SENATOR SMUCKER, EDUCATION, IN SENATE, AS AMENDED, OCTOBER 18,

2016

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 definitions, providing for attendance policy at

charter, regional charter and cyber charter schools, further

providing for penalties for violation of compulsory

attendance requirements, providing for procedure by school

when child habitually truant, for procedure upon filing of

citation and for penalties for violating compulsory school

attendance requirements and further providing for suspension

of operating privilege.

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, PROVIDING

FOR PURPOSE, FURTHER PROVIDING FOR DEFINITIONS, PROVIDING FOR

ATTENDANCE POLICY AT CHARTER, REGIONAL CHARTER AND CYBER

CHARTER SCHOOLS, FURTHER PROVIDING FOR EXCUSES FROM ATTENDING

SCHOOL AND FOR PENALTIES FOR VIOLATION OF COMPULSORY

ATTENDANCE REQUIREMENTS, PROVIDING FOR PROCEDURE BY SCHOOL

WHEN CHILD HABITUALLY TRUANT, FOR PROCEDURE UPON FILING OF

CITATION, FOR PENALTIES FOR VIOLATING COMPULSORY SCHOOL

ATTENDANCE REQUIREMENTS AND FOR STUDY OF TRUANCY PROCEDURE

AND REPEALING PROVISIONS RELATING TO SUSPENSION OF OPERATING

PRIVILEGE; IN CHARTER SCHOOLS, FURTHER PROVIDING FOR

PROVISIONS APPLICABLE TO CHARTER SCHOOLS AND FOR

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APPLICABILITY OF OTHER PROVISIONS OF THIS ACT AND OF OTHER

ACTS AND REGULATIONS; AND, IN DISRUPTIVE STUDENT PROGRAMS,

FURTHER PROVIDING FOR DEFINITIONS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1326 of the act of March 10, 1949

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

amended to read:

Section 1326. Definitions.--[The term "compulsory school

age," as hereinafter used, shall mean the period of a child's

life from the time the child's parents elect to have the child

enter school, which shall be not later than at the age of eight

(8) years, until the age of seventeen (17) years. The term shall

not include any child who holds a certificate of graduation from

a regularly accredited senior high school.

The term "migratory child," wherever used in this subdivision

of this article, shall include any child domiciled temporarily

in any school district for the purpose of seasonal employment,

but not acquiring residence therein, and any child accompanying

his parent or guardian who is so domiciled.] When used in this

article, the following words and phrases shall have the

following meanings:

"Citation" shall mean a nontraffic citation or private

criminal complaint.

"Compulsory school age" shall mean the period of a child's

life between eight (8) and seventeen (17) years of age. The term

does not include a child who holds a certificate of graduation

from a regularly accredited, licensed, registered or approved

high school.

"Conviction" shall mean a conviction under section 1333.2 for

violation of the requirement for compulsory school attendance.

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"Court" shall mean a magisterial district court or a court of

common pleas.

"Department" shall mean the Department of Education of the

Commonwealth.

"Excused absence" shall mean an absence from school which is

permitted under section 1329.

"Governing body" shall mean the board of school directors of

a school district or any other governing entity of a school.

"Habitually truant" shall mean six (6) or more school days of

unexcused absences during the current school year by a child

subject to compulsory school attendance under this article.

"Judge" shall mean a magisterial district judge or a judge of

a court of common pleas.

"Juvenile act" shall mean the provisions of 42 Pa.C.S. Ch. 63

(relating to juvenile matters).

"Migratory child" shall mean a child domiciled temporarily in

a school district for the purpose of seasonal employment, but

not acquiring residence therein, and a child accompanying his or

her person in parental relation who is so domiciled.

"Offense" shall mean each citation filed under section 1333.1

for a violation of the requirement for compulsory school

attendance under this article regardless of the number of

unexcused absences alleged in the citation.

"Person in parental relation" shall mean a:

(1) Custodial biological or adoptive parent.

(2) Noncustodial biological or adoptive parent.

(3) Guardian of the person of a child.

(4) Person with whom a child lives and who is acting in a

parental role of a child.

This definition shall not include any county agency or person

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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). This definition shall not expand the right of a

child under any other section of this act.

"School" shall mean the educational entity in which the child

is enrolled and at which a resident of this Commonwealth may

legally fulfill the compulsory school attendance requirements of

this article.

"School attendance improvement conference" shall mean a

conference where the child's absences and reasons therefore are

examined in an effort to improve attendance, with or without

additional services, and to which the child, the child's person

in parental relation, other individuals identified by the person

in parental relation who may be a resource, appropriate school

personnel and recommended service providers shall be invited.

"School day" shall mean the length of time that a child

subject to compulsory school attendance is expected to be

receiving instruction during a calendar day, as determined by

the governing body.

"School year" shall have the same meaning as "school term" as

defined in section 102, as applicable to a school district, and

as further defined in section 1327(b) for a day school which is

operated by a bona fide church or other religious body, section

1327.1(c) for a day school or boarding school accredited by an

accrediting association which is approved by the State Board of

Education, section 1327.1(d) for a home education program, and

sections 1501 and 1504 for a public kindergarten, elementary or

secondary school or a school district.

"Truant" shall mean three (3) or more school days of

unexcused absences during the current school year by a child

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subject to compulsory school attendance under this article.

"Unexcused absence" shall mean an absence from school which

is not permitted by the provisions of section 1329 and for which

an approved explanation has not been submitted within the time

period and in the manner prescribed by the governing body. An

out-of-school suspension may not be considered an unexcused

absence.

Section 2. The act is amended by adding a section to read:

Section 1327.2. Attendance Policy at Charter, Regional

Charter and Cyber Charter Schools.--(a) Each charter, regional

charter and cyber charter school shall establish an attendance

policy designed to determine when a child who is enrolled in a

charter, regional charter or cyber charter school has an

unexcused absence, which may differ from the policy of the

school district in which the child resides. The policy must

conform to the provisions of this act relating to compulsory

attendance. Each cyber charter school may develop guidelines

setting forth alternative methods of calculating unexcused

absences for the purposes of determining whether a child

enrolled in a cyber charter school has an unexcused absence,

subject to approval by the department.

(b) Notwithstanding section 1333.2(a), in the case of a

child enrolled in a cyber charter school the venue for the

filing of a citation under section 1333.1 shall be based upon

the residence of the child. A cyber charter school may

participate in a proceeding under sections 1333.1, 1333.2 and

1333.3 in person, by phone conferencing, by video conferencing

or by any other electronic means.

report unexcused absences directly to the department annually

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through the Pennsylvania Information Management System (PIMS).

Section 2.1. Section 1333 of the act, 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.--(a) (1) Every parent, guardian, or

person in parental relation, having control or charge of any

child or children of compulsory school age, who shall fail to

comply with the provisions of this act regarding compulsory

attendance, shall on summary conviction thereof, be sentenced to

pay a fine, for the benefit of the school district in which such

offending person resides, not exceeding three hundred dollars

($300) and to pay court costs or be sentenced to complete a

parenting education program offered and operated by a local

school district, medical institution or other community

resources, and, in default of the payment of such fine and costs

or completion of the parenting program by the person so

offending, shall be sentenced to the county jail for a period

not exceeding five (5) days. Any person sentenced to pay any

such fine may appeal to the court of common pleas of the proper

county, upon entering into a recognizance, with one or more

proper sureties, in double the amount of penalty and costs.

Before any proceedings are instituted against any parent,

guardian, or person in parental relation, for failure to comply

with the provisions of this act, the district superintendent,

attendance officer, or secretary of the board of school

directors, shall give the offending person three (3) days'

written notice of such violation. If, after such notice has been

given, the provisions of this act regarding compulsory

attendance are again violated by the persons so notified, at any

time during the term of compulsory attendance, such person, so

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again offending, shall be liable under the provisions of this

section without further notice.

(2) The child and every parent, guardian or person in

parental relation must appear at a hearing established by the

district justice. If the parent, guardian or person in parental

relation charged with a summary offense under this subsection

shows that he or she took every reasonable step to insure

attendance of the child at school, he or she shall not be

convicted of the summary offense.

(3) Upon a summary conviction, the district justice may

suspend, in whole or in part, a sentence in which a parent,

guardian or person in parental relation is summoned to pay as

required under this section: Provided, That the child no longer

is habitually truant from school without justification.

(4) In lieu of or in addition to any other sentence imposed

under this section, the district justice may order the parent,

guardian or person in parental relation to perform community

service in the school district in which the offending child

resides for a period not to exceed six (6) months.

(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

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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.

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(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).

the court, including a court not of record, shall send to the

Department of Transportation a certified record of the

conviction or other disposition on a form prescribed by the

department.

(d) Nothing in this section shall be construed to apply to a

parent, guardian or person in parental relation whose child or

children are in a home education program under section 1327.1.]

Procedure When Child is Truant.--(a) (1) When a child is

truant the school shall provide written notice to the person in

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parental relation who resides in the same household as the child

of the child's violation of compulsory school attendance within

ten (10) school days of the child's third unexcused absence.

(2) The notice required under paragraph (1):

(i) Shall include a description of the consequences that

will follow if the child becomes habitually truant.

(ii) Shall be in a form and use language that would be

considered reasonably understandable by the person in parental

relation.

(iii) May include the offer of a school attendance

improvement conference.

(3) If the individual receiving notification under paragraph

(1) is not the biological or adoptive parent, written notice

shall also be provided to the child's biological or adoptive

parents if their mailing addresses are on file with the school

and they are not precluded to receive the information by a court

order.

(b) (1) If unexcused absences continue after the school has

issued the notice required under subsection (a), the school

shall offer, by advance written notice, a school attendance

improvement conference to the child and person in parental

relation unless such a conference was previously held following

the notice provided under subsection (a)(1). This subsection

shall not be construed to place a legal obligation on the child

or the person in parental relation to attend the conference. The

conference may occur if the person in parental relation declines

to participate.

(2) The outcome of the conference shall be documented in a

written school attendance improvement plan. The department shall

develop a form to be used for this purpose, and each school

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shall use a form substantially similar to the form developed by

the department.

(3) The school may not take further legal action to address

unexcused absences by the child until after the date for the

scheduled school attendance improvement conference has passed.

Section 3. The act is amended by adding sections to read:

Section 1333.1. Procedure By School When Child Habitually

Truant.--(a) When a child is habitually truant and under

fifteen (15) years of age at the time of referral, the school:

(1) Shall refer the child to either of the following:

(i) A school-based or community-based attendance improvement

program.

(ii) The county children and youth agency for services or

for possible disposition as a dependent child under the

provisions of 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

(2) May file a citation in the office of the appropriate

magisterial district judge against the person in parental

relation who resides in the same household as the child.

(b) When a child is habitually truant and fifteen (15) years

of age or older at the time of referral, the school shall

either:

(1) Refer the child to a school-based or community-based

attendance improvement program or service.

(2) File a citation in the office of the appropriate

magisterial district judge against the child or the person in

parental relation who resides in the same household as the

child.

continues to incur additional unexcused absences after being

referred to a school-based or community-based attendance

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improvement program or refuses to participate in a school-based

or community-based attendance improvement program as recommended

through the school attendance improvement conference, the school

may refer the child to the county children and youth agency for

possible disposition as a dependent child under the provisions

of 42 Pa.C.S. Ch. 63.

(d) When referring a habitually truant child to the county

children and youth agency or filing a citation with the

magisterial district court because a child has been habitually

truant, the school shall provide verification that a school

attendance improvement conference was offered.

Section 1333.2. Procedure Upon Filing of Citation.--(a) The

venue for the filing of a citation under section 1333.1 shall be

based on the location of the school in which the child is

enrolled.

(b) When a citation is filed against a child or a person in

parental relation who resides in the same household as the child

under the provisions of section 1333.1, the magisterial district

judge shall provide the following notices:

(1) Written notice of the hearing with respect to the

citation to the school, the person in parental relation, the

child and the county children and youth agency.

(2) Notice to the child or person in parental relation who

resides in the same household as the child of the availability

of a preconviction diversionary program authorized under 42

Pa.C.S. § 1520 (relating to adjudication alternative program).

is upon the school to prove beyond a reasonable doubt that the

child was habitually truant in noncompliance with the compulsory

school attendance requirements of this article.

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(d) I f the citation is filed against the person in parental

relation who resides in the same household as the child, it is a

defense if the person in parental relation can prove by a

preponderance of the evidence that every reasonable step to

ensure attendance of the child at school was taken.

(e) Before entering a sentence, the judge shall permit the

school, person in parental relation or child to present relevant

information that will assist the judge in making an informed

decision regarding the appropriate sentence. The judge may

consider the child's school attendance after the citation was

filed and while the proceeding was pending for the purpose of

imposing a sentence.

Section 1333.3. Penalties for Violating Compulsory School

Attendance Requirements.--(a) A person convicted of a summary

offense under section 1333.2 may be sentenced:

(1) To pay a fine for the benefit of the school in an amount

not exceeding three hundred dollars ($300) for each citation,

together with court costs.

(2) To perform community service.

(3) To complete an appropriate course or program designed to

improve school attendance, which has been approved by the

president judge of the judicial district.

(b) The court may suspend the sentence of a person convicted

under the provisions of sections 1333, 1333.1 and 1333.2 and may

remit or waive fines and costs if the child attends school in

accordance with a plan devised by the court.

section by a magisterial district judge shall have a right to

appeal de novo to a court of common pleas of the proper county

within thirty (30) days after conviction. Thereafter, the appeal

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shall proceed as any other appeal of a summary conviction.

(d) No citation shall be filed against a child or a person

in parental relation who resides in the same household as the

child for a subsequent violation of compulsory school attendance

if any of the following circumstances apply:

(1) A proceeding under sections 1333.1 and 1333.2 is already

pending against the child or the person in parental relation who

resides in the same household as the child until the judgment

has been entered in such proceeding unless a warrant has been

issued for failure of that parent or child to appear before the

court and the warrant has not yet been served.

(2) A referral for services has been made to the county's

children and youth agency under section 1333.1 and the agency

has not closed the case.

(3) A petition has been filed alleging the child is

dependent under 42 Pa.C.S. Ch. 63 (relating to juvenile matters)

due to being habitually truant and the case remains under the

jurisdiction of the juvenile court.

(e) Upon a second or subsequent conviction of a child or a

person in parental relation who resides in the same household as

the child for a violation of the compulsory school attendance

requirements of this article in a court within this Commonwealth

within a period of three (3) years, the court shall refer the

child for services or possible disposition as a dependent child

under 42 Pa.C.S. Ch. 63.

(f) Upon the willful failure of a person to satisfy a fine

or costs imposed under this section and a finding by the court

that the person has the ability to pay the financial obligation

imposed, the willful failure to comply with a payment plan or

the willful failure to comply with any other part of the

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sentence imposed by the court under subsection (a), the

following shall apply:

(1) The court may:

(i) In the case of a person in parental relation who resides

in the same household as the child, impose a period of

incarceration not to exceed five (5) days.

(ii) Impose community service.

(2) In the case of a child, the failure shall not be

considered a delinquent act, provided that the president judge

of the judicial district may adopt a local policy pursuant to 42

Pa.C.S. § 6304 (relating to powers and duties of probation

officers) and the Pennsylvania Rules of Juvenile Court Procedure

to provide that a juvenile probation officer may receive

allegations that the child is dependent for the purpose of

considering the commencement of proceedings under 42 Pa.C.S. Ch.

63.

(g) (1) If a child is convicted of a violation of the

compulsory school attendance requirements of this article, the

court may send the Department of Transportation a certified

record of the conviction on a form prescribed by the department

only if the child fails to comply with a lawful sentence entered

for the violation and is not subject to an exception to

compulsory attendance under section 1330.

(2) The Department of Transportation shall suspend for

ninety (90) days the operating privilege of a child upon

receiving a certified record that the child was convicted of a

summary offense under the compulsory school attendance

requirements of this article. If the Department of

Transportation receives a certified record of a second or

subsequent conviction of a child pursuant to this section, the

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department shall suspend the child's operating privilege for six

(6) months.

(3) A child whose record is received by the Department of

Transportation under this section 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 period specified in

paragraph (2). 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 disqualification, revocation or suspension of

operating privilege) for the time specified in paragraph (2).

(4) A child whose driving privileges have been suspended or

whose eligibility for a permit or license is delayed under this

section may have that license or eligibility restored by

providing the Department of Transportation with a form developed

by the Department of Transportation containing the following

information in the form of a certified record from the child's

school that either of the following applies:

(i) The child:

(A) Has attended school for a period of at least two (2)

months after the first conviction or four (4) months after the

second conviction without an unexcused absence or unexcused

tardy.

(B) Has no school disciplinary actions pending or has not

served a disciplinary sanction during the period of the

suspension or delay.

(ii) The child is subject to an exception to compulsory

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attendance under section 1330.

(5) An insurer may not increase premiums, impose a surcharge

or rate penalty, make a driver record point assignment for

automobile insurance or cancel or refuse to renew an automobile

insurance policy on account of a suspension under this section.

(6) Nothing in this section shall prohibit a child who is

convicted of a violation of the compulsory school attendance

requirements of this article from being eligible for an

occupational limited license under 75 Pa.C.S. § 1553 (relating

to occupational limited license).

(h) (1) Upon application from a child who has no more than

two (2) convictions of a summary offense under section 1333.2,

the court shall grant an expungement of the convictions from the

child's record if all of the following apply:

(i) The child has earned a high school diploma, a

Commonwealth secondary school diploma or another Department of

Education-approved equivalent, or is subject to an exception to

compulsory attendance under section 1330.

(ii) The child has satisfied any sentence imposed by the

court with respect to the conviction, including payment of fines

and costs.

(2) If the court grants an expungement under paragraph (1),

the court shall order the Department of Transportation to

expunge all administrative records related to the convictions.

Section 4. Section 1338.1 of the act, added November 17,

1995 (1st Sp.Sess. P.L.1110, No.29), is repealed:

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

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.

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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.

(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).

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 5. The amendment or addition of sections 1326,

1327.2, 1333, 1333.1, 1333.2, 1333.3 and 1338.1 of the act shall

apply to school years beginning with the 2017-2018 school year

and each school year thereafter.

Section 6. This act shall take effect immediately.

SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN

AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING A

SECTION AFTER ARTICLE XIII, SUBDIVISION (B) HEADING TO READ:

SECTION 1325. PURPOSE.--THE PURPOSE OF THIS SUBDIVISION IS

TO IMPROVE SCHOOL ATTENDANCE AND DETER TRUANCY THROUGH A

COMPREHENSIVE APPROACH TO CONSISTENTLY IDENTIFY AND ADDRESS

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ATTENDANCE ISSUES AS EARLY AS POSSIBLE WITH CREDIBLE

INTERVENTION TECHNIQUES IN ORDER TO:

(1) PRESERVE THE UNITY OF THE FAMILY WHENEVER POSSIBLE AS

THE UNDERLYING ISSUES OF TRUANCY ARE ADDRESSED.

(2) AVOID THE LOSS OF HOUSING, THE POSSIBLE ENTRY OF A CHILD

TO FOSTER CARE AND OTHER UNINTENDED CONSEQUENCES OF DISRUPTION

OF AN INTACT FAMILY UNIT.

(3) CONFINE A PERSON IN PARENTAL RELATION TO A CHILD WHO IS

HABITUALLY TRUANT ONLY AS A LAST RESORT AND FOR A MINIMUM AMOUNT

OF TIME.

SECTION 2. SECTION 1326 OF THE ACT IS AMENDED TO READ:

SECTION 1326. DEFINITIONS.--[THE TERM "COMPULSORY SCHOOL

AGE," AS HEREINAFTER USED, SHALL MEAN THE PERIOD OF A CHILD'S

LIFE FROM THE TIME THE CHILD'S PARENTS ELECT TO HAVE THE CHILD

ENTER SCHOOL, WHICH SHALL BE NOT LATER THAN AT THE AGE OF EIGHT

(8) YEARS, UNTIL THE AGE OF SEVENTEEN (17) YEARS. THE TERM SHALL

NOT INCLUDE ANY CHILD WHO HOLDS A CERTIFICATE OF GRADUATION FROM

A REGULARLY ACCREDITED SENIOR HIGH SCHOOL.

THE TERM "MIGRATORY CHILD," WHEREVER USED IN THIS SUBDIVISION

OF THIS ARTICLE, SHALL INCLUDE ANY CHILD DOMICILED TEMPORARILY

IN ANY SCHOOL DISTRICT FOR THE PURPOSE OF SEASONAL EMPLOYMENT,

BUT NOT ACQUIRING RESIDENCE THEREIN, AND ANY CHILD ACCOMPANYING

HIS PARENT OR GUARDIAN WHO IS SO DOMICILED.] WHEN USED IN THIS

ARTICLE, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE

FOLLOWING MEANINGS:

"CITATION" SHALL MEAN A NONTRAFFIC CITATION OR PRIVATE

CRIMINAL COMPLAINT.

"COMPULSORY SCHOOL AGE" SHALL MEAN THE PERIOD OF A CHILD'S

LIFE FROM THE TIME THE CHILD'S PARENTS ELECT TO HAVE THE CHILD

ENTER SCHOOL AND WHICH SHALL BE NO LATER THAN EIGHT (8) YEARS OF

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AGE UNTIL THE CHILD REACHES SEVENTEEN (17) YEARS OF AGE. THE

TERM DOES NOT INCLUDE A CHILD WHO HOLDS A CERTIFICATE OF

GRADUATION FROM A REGULARLY ACCREDITED, LICENSED, REGISTERED OR

APPROVED HIGH SCHOOL.

"CONVICTION" SHALL MEAN A CONVICTION UNDER SECTION 1333.2 FOR

VIOLATION OF THE REQUIREMENT FOR COMPULSORY SCHOOL ATTENDANCE.

"COURT" SHALL MEAN A MAGISTERIAL DISTRICT COURT, THE

PHILADELPHIA MUNICIPAL COURT OR A COURT OF COMMON PLEAS.

"DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"EDUCATIONAL ENTITY" SHALL MEAN A PUBLIC SCHOOL DISTRICT,

NONPUBLIC SCHOOL OR AREA VOCATIONAL-TECHNICAL SCHOOL.

"EXCUSED ABSENCE" SHALL MEAN AN ABSENCE FROM SCHOOL WHICH IS

PERMITTED UNDER SECTION 1329.

"GOVERNING BODY" SHALL MEAN THE BOARD OF SCHOOL DIRECTORS OF

A SCHOOL DISTRICT OR ANY OTHER GOVERNING ENTITY OF A SCHOOL.

"HABITUALLY TRUANT" SHALL MEAN SIX (6) OR MORE SCHOOL DAYS OF

UNEXCUSED ABSENCES DURING THE CURRENT SCHOOL YEAR BY A CHILD

SUBJECT TO COMPULSORY SCHOOL ATTENDANCE UNDER THIS ARTICLE.

"JUDGE" SHALL MEAN A MAGISTERIAL DISTRICT JUDGE, A MUNICIPAL

COURT JUDGE OR A JUDGE OF A COURT OF COMMON PLEAS.

"JUVENILE ACT" SHALL MEAN THE PROVISIONS OF 42 PA.C.S. CH. 63

(RELATING TO JUVENILE MATTERS).

"MIGRATORY CHILD" SHALL MEAN A CHILD DOMICILED TEMPORARILY IN

A SCHOOL DISTRICT FOR THE PURPOSE OF SEASONAL EMPLOYMENT, BUT

NOT ACQUIRING RESIDENCE THEREIN, AND A CHILD ACCOMPANYING HIS OR

HER PERSON IN PARENTAL RELATION WHO IS SO DOMICILED.

"OFFENSE" SHALL MEAN EACH CITATION FILED UNDER SECTION 1333.1

FOR A VIOLATION OF THE REQUIREMENT FOR COMPULSORY SCHOOL

ATTENDANCE UNDER THIS ARTICLE REGARDLESS OF THE NUMBER OF

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UNEXCUSED ABSENCES ALLEGED IN THE CITATION.

"PERSON IN PARENTAL RELATION" SHALL MEAN A:

(1) CUSTODIAL BIOLOGICAL OR ADOPTIVE PARENT.

(2) NONCUSTODIAL BIOLOGICAL OR ADOPTIVE PARENT.

(3) GUARDIAN OF THE PERSON OF A CHILD.

(4) PERSON WITH WHOM A CHILD LIVES AND WHO IS ACTING IN A

PARENTAL ROLE OF A CHILD.

THIS DEFINITION 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). THIS DEFINITION SHALL NOT EXPAND THE RIGHT OF A

CHILD UNDER ANY OTHER SECTION OF THIS ACT.

"SCHOOL" SHALL MEAN THE EDUCATIONAL ENTITY IN WHICH THE CHILD

IS ENROLLED.

"SCHOOL ATTENDANCE IMPROVEMENT CONFERENCE" SHALL MEAN A

CONFERENCE WHERE THE CHILD'S ABSENCES AND REASONS FOR THE

ABSENCES ARE EXAMINED IN AN EFFORT TO IMPROVE ATTENDANCE, WITH

OR WITHOUT ADDITIONAL SERVICES. THE FOLLOWING INDIVIDUALS SHALL

BE INVITED TO THE CONFERENCE:

(1) THE CHILD.

(2) THE CHILD'S PERSON IN PARENTAL RELATION.

(3) OTHER INDIVIDUALS IDENTIFIED BY THE PERSON IN PARENTAL

RELATION WHO MAY BE A RESOURCE.

(4) APPROPRIATE SCHOOL PERSONNEL.

(5) RECOMMENDED SERVICE PROVIDERS.

"SCHOOL DAY" SHALL MEAN THE LENGTH OF TIME THAT A CHILD

SUBJECT TO COMPULSORY SCHOOL ATTENDANCE IS EXPECTED TO BE

RECEIVING INSTRUCTION DURING A CALENDAR DAY, AS DETERMINED BY

THE GOVERNING BODY.

"SCHOOL YEAR" SHALL HAVE THE SAME MEANING AS "SCHOOL TERM" AS

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DEFINED IN SECTION 102, AS APPLICABLE TO A SCHOOL DISTRICT, AND

AS FURTHER DEFINED IN SECTION 1327(B) FOR A DAY SCHOOL WHICH IS

OPERATED BY A BONA FIDE CHURCH OR OTHER RELIGIOUS BODY, SECTION

1327.1(C) FOR A DAY SCHOOL OR BOARDING SCHOOL ACCREDITED BY AN

ACCREDITING ASSOCIATION WHICH IS APPROVED BY THE STATE BOARD OF

EDUCATION, SECTION 1327.1(D) FOR A HOME EDUCATION PROGRAM,

SECTIONS 1501 AND 1504 FOR A PUBLIC SCHOOL OR A SCHOOL DISTRICT,

SECTION 1715-A(9) FOR A CHARTER SCHOOL, SECTION 1749-A(A)(1) FOR

A CYBER CHARTER SCHOOL AND SECTION 1718-A(C) FOR A REGIONAL

CHARTER SCHOOL.

"SCHOOL-BASED OR COMMUNITY-BASED ATTENDANCE IMPROVEMENT

PROGRAM" SHALL MEAN A PROGRAM DESIGNED TO IMPROVE SCHOOL

ATTENDANCE BY SEEKING TO IDENTIFY AND ADDRESS THE UNDERLYING

REASONS FOR A CHILD'S ABSENCES. THE TERM MAY INCLUDE AN

EDUCATIONAL ASSIGNMENT IN AN ALTERNATIVE EDUCATION PROGRAM,

PROVIDED THE PROGRAM DOES NOT INCLUDE A PROGRAM FOR DISRUPTIVE

YOUTH ESTABLISHED PURSUANT TO ARTICLE XIX-C.

"TRUANT" SHALL MEAN HAVING INCURRED THREE (3) OR MORE SCHOOL

DAYS OF UNEXCUSED ABSENCES DURING THE CURRENT SCHOOL YEAR BY A

CHILD SUBJECT TO COMPULSORY SCHOOL ATTENDANCE UNDER THIS

ARTICLE.

"UNEXCUSED ABSENCE" SHALL MEAN AN ABSENCE FROM SCHOOL WHICH

IS NOT PERMITTED BY THE PROVISIONS OF SECTION 1329 AND FOR WHICH

AN APPROVED EXPLANATION HAS NOT BEEN SUBMITTED WITHIN THE TIME

PERIOD AND IN THE MANNER PRESCRIBED BY THE GOVERNING BODY. AN

OUT-OF-SCHOOL SUSPENSION MAY NOT BE CONSIDERED AN UNEXCUSED

ABSENCE.

SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1327.2. ATTENDANCE POLICY AT CHARTER, REGIONAL

CHARTER AND CYBER CHARTER SCHOOLS.--(A) EACH CHARTER, REGIONAL

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CHARTER AND CYBER CHARTER SCHOOL SHALL ESTABLISH AN ATTENDANCE

POLICY DESIGNED TO ACCURATELY DETERMINE WHEN A CHILD WHO IS

ENROLLED IN A CHARTER, REGIONAL CHARTER OR CYBER CHARTER SCHOOL

HAS AN UNEXCUSED ABSENCE, WHICH MAY DIFFER FROM THE POLICY OF

THE SCHOOL DISTRICT IN WHICH THE CHILD RESIDES. THE POLICY MUST

CONFORM TO THE PROVISIONS OF THIS ACT RELATING TO COMPULSORY

ATTENDANCE.

(B) NOTWITHSTANDING SECTION 1333.2(A), IN THE CASE OF A

CHILD ENROLLED IN A CYBER CHARTER SCHOOL THE VENUE FOR THE

FILING OF A CITATION UNDER SECTION 1333.1 SHALL BE BASED UPON

THE RESIDENCE OF THE CHILD. A CYBER CHARTER SCHOOL MAY

PARTICIPATE IN A PROCEEDING UNDER SECTIONS 1333.1, 1333.2 AND

1333.3 IN PERSON, BY PHONE CONFERENCING, BY VIDEO CONFERENCING

OR BY ANY OTHER ELECTRONIC MEANS.

SHALL REPORT UNEXCUSED ABSENCES DIRECTLY TO THE DEPARTMENT

ANNUALLY THROUGH THE PENNSYLVANIA INFORMATION MANAGEMENT SYSTEM

(PIMS).

SECTION 4. SECTION 1329 OF THE ACT IS AMENDED BY ADDING

SUBSECTIONS TO READ:

SECTION 1329. EXCUSES FROM ATTENDING SCHOOL.--* * *

HOURS FOR HEALTH-RELATED REASONS BY A CERTIFIED SCHOOL NURSE,

REGISTERED NURSE, LICENSED PRACTICAL NURSE OR A SCHOOL

ADMINISTRATOR OR DESIGNEE EMPLOYED BY THE SCHOOL DISTRICT, THE

STUDENT'S ABSENCE FROM SCHOOL SHALL BE DEEMED EXCUSED.

(D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A

STUDENT SHALL BE EXCUSED DURING SCHOOL HOURS FOR THE PURPOSE OF

OBTAINING PROFESSIONAL HEALTH CARE OR THERAPY SERVICE RENDERED

BY A LICENSED PRACTITIONER OF THE HEALING ARTS IN ANY STATE,

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COMMONWEALTH OR TERRITORY.

(E) THE DEPARTMENT OF EDUCATION SHALL PROVIDE GUIDANCE,

RESOURCES AND STRATEGIES FOR FAMILIES, SCHOOLS AND STUDENTS

RELATED TO STUDENTS WITH CHRONIC HEALTH CONDITIONS WHICH SHALL

BE POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

SECTION 5. SECTION 1333 OF THE ACT, 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.--(A) (1) EVERY PARENT, GUARDIAN, OR

PERSON IN PARENTAL RELATION, HAVING CONTROL OR CHARGE OF ANY

CHILD OR CHILDREN OF COMPULSORY SCHOOL AGE, WHO SHALL FAIL TO

COMPLY WITH THE PROVISIONS OF THIS ACT REGARDING COMPULSORY

ATTENDANCE, SHALL ON SUMMARY CONVICTION THEREOF, BE SENTENCED TO

PAY A FINE, FOR THE BENEFIT OF THE SCHOOL DISTRICT IN WHICH SUCH

OFFENDING PERSON RESIDES, NOT EXCEEDING THREE HUNDRED DOLLARS

($300) AND TO PAY COURT COSTS OR BE SENTENCED TO COMPLETE A

PARENTING EDUCATION PROGRAM OFFERED AND OPERATED BY A LOCAL

SCHOOL DISTRICT, MEDICAL INSTITUTION OR OTHER COMMUNITY

RESOURCES, AND, IN DEFAULT OF THE PAYMENT OF SUCH FINE AND COSTS

OR COMPLETION OF THE PARENTING PROGRAM BY THE PERSON SO

OFFENDING, SHALL BE SENTENCED TO THE COUNTY JAIL FOR A PERIOD

NOT EXCEEDING FIVE (5) DAYS. ANY PERSON SENTENCED TO PAY ANY

SUCH FINE MAY APPEAL TO THE COURT OF COMMON PLEAS OF THE PROPER

COUNTY, UPON ENTERING INTO A RECOGNIZANCE, WITH ONE OR MORE

PROPER SURETIES, IN DOUBLE THE AMOUNT OF PENALTY AND COSTS.

BEFORE ANY PROCEEDINGS ARE INSTITUTED AGAINST ANY PARENT,

GUARDIAN, OR PERSON IN PARENTAL RELATION, FOR FAILURE TO COMPLY

WITH THE PROVISIONS OF THIS ACT, THE DISTRICT SUPERINTENDENT,

ATTENDANCE OFFICER, OR SECRETARY OF THE BOARD OF SCHOOL

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DIRECTORS, SHALL GIVE THE OFFENDING PERSON THREE (3) DAYS'

WRITTEN NOTICE OF SUCH VIOLATION. IF, AFTER SUCH NOTICE HAS BEEN

GIVEN, THE PROVISIONS OF THIS ACT REGARDING COMPULSORY

ATTENDANCE ARE AGAIN VIOLATED BY THE PERSONS SO NOTIFIED, AT ANY

TIME DURING THE TERM OF COMPULSORY ATTENDANCE, SUCH PERSON, SO

AGAIN OFFENDING, SHALL BE LIABLE UNDER THE PROVISIONS OF THIS

SECTION WITHOUT FURTHER NOTICE.

(2) THE CHILD AND EVERY PARENT, GUARDIAN OR PERSON IN

PARENTAL RELATION MUST APPEAR AT A HEARING ESTABLISHED BY THE

DISTRICT JUSTICE. IF THE PARENT, GUARDIAN OR PERSON IN PARENTAL

RELATION CHARGED WITH A SUMMARY OFFENSE UNDER THIS SUBSECTION

SHOWS THAT HE OR SHE TOOK EVERY REASONABLE STEP TO INSURE

ATTENDANCE OF THE CHILD AT SCHOOL, HE OR SHE SHALL NOT BE

CONVICTED OF THE SUMMARY OFFENSE.

(3) UPON A SUMMARY CONVICTION, THE DISTRICT JUSTICE MAY

SUSPEND, IN WHOLE OR IN PART, A SENTENCE IN WHICH A PARENT,

GUARDIAN OR PERSON IN PARENTAL RELATION IS SUMMONED TO PAY AS

REQUIRED UNDER THIS SECTION: PROVIDED, THAT THE CHILD NO LONGER

IS HABITUALLY TRUANT FROM SCHOOL WITHOUT JUSTIFICATION.

(4) IN LIEU OF OR IN ADDITION TO ANY OTHER SENTENCE IMPOSED

UNDER THIS SECTION, THE DISTRICT JUSTICE MAY ORDER THE PARENT,

GUARDIAN OR PERSON IN PARENTAL RELATION TO PERFORM COMMUNITY

SERVICE IN THE SCHOOL DISTRICT IN WHICH THE OFFENDING CHILD

RESIDES FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS.

(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

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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

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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).

THE COURT, INCLUDING A COURT NOT OF RECORD, SHALL SEND TO THE

DEPARTMENT OF TRANSPORTATION A CERTIFIED RECORD OF THE

CONVICTION OR OTHER DISPOSITION ON A FORM PRESCRIBED BY THE

DEPARTMENT.

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(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPLY TO A

PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION WHOSE CHILD OR

CHILDREN ARE IN A HOME EDUCATION PROGRAM UNDER SECTION 1327.1.]

PROCEDURE WHEN CHILD IS TRUANT.--(A) WHEN A CHILD IS TRUANT,

THE SCHOOL SHALL NOTIFY IN WRITING THE PERSON IN PARENTAL

RELATION WITH THE CHILD WHO RESIDES IN THE SAME HOUSEHOLD AS THE

CHILD OF THE CHILD'S VIOLATION OF COMPULSORY SCHOOL ATTENDANCE

WITHIN TEN (10) SCHOOL DAYS OF THE CHILD'S THIRD UNEXCUSED

ABSENCE. THE NOTICE:

(1) SHALL INCLUDE A DESCRIPTION OF THE CONSEQUENCES THAT

WILL FOLLOW IF THE CHILD BECOMES HABITUALLY TRUANT;

(2) SHALL BE IN THE MODE AND LANGUAGE OF COMMUNICATION

PREFERRED BY THE PERSON IN PARENTAL RELATION;

(3) MAY INCLUDE THE OFFER OF A SCHOOL ATTENDANCE IMPROVEMENT

CONFERENCE; OR

(4) WHEN TRANSMITTED TO A PERSON WHO IS NOT THE BIOLOGICAL

OR ADOPTIVE PARENT, SHALL ALSO BE PROVIDED TO THE CHILD'S

BIOLOGICAL OR ADOPTIVE PARENT IF THE PARENT'S MAILING ADDRESS IS

ON FILE WITH THE SCHOOL AND THE PARENT IS NOT PRECLUDED FROM

RECEIVING THE INFORMATION BY COURT ORDER.

(B) IF THE CHILD CONTINUES TO INCUR UNEXCUSED ABSENCES AFTER

THE SCHOOL HAS ISSUED THE NOTICE UNDER SUBSECTION (A), THE

SCHOOL SHALL THEN OFFER BY ADVANCE WRITTEN NOTICE A SCHOOL

ATTENDANCE IMPROVEMENT CONFERENCE TO THE CHILD AND THE PERSON IN

PARENTAL RELATION, UNLESS A CONFERENCE WAS PREVIOUSLY HELD

FOLLOWING THE NOTICE PROVIDED UNDER SUBSECTION (A). THE

FOLLOWING SHALL APPLY:

(1) THIS SUBSECTION DOES NOT PLACE A LEGAL REQUIREMENT UPON

THE CHILD OR PERSON IN PARENTAL RELATION TO ATTEND THE

CONFERENCE. THE CONFERENCE SHALL OCCUR EVEN IF THE PERSON IN

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PARENTAL RELATION DECLINES TO PARTICIPATE OR FAILS TO ATTEND THE

SCHEDULED CONFERENCE AFTER ADVANCE WRITTEN NOTICE AND ATTEMPTS

TO COMMUNICATE VIA TELEPHONE .

(2) THE OUTCOME OF THE CONFERENCE SHALL BE DOCUMENTED IN A

WRITTEN SCHOOL ATTENDANCE IMPROVEMENT PLAN. THE DEPARTMENT SHALL

DEVELOP A FORM TO BE USED FOR THIS PURPOSE, AND EACH SCHOOL

SHALL USE A FORM SUBSTANTIALLY SIMILAR TO THE FORM DEVELOPED BY

THE DEPARTMENT.

(3) FURTHER LEGAL ACTION MAY NOT BE TAKEN BY THE SCHOOL TO

ADDRESS UNEXCUSED ABSENCES BY THE CHILD UNTIL AFTER THE DATE FOR

THE SCHEDULED SCHOOL ATTENDANCE IMPROVEMENT CONFERENCE HAS

PASSED.

SUSPENSION, DISCIPLINARY REASSIGNMENT OR TRANSFER FOR TRUANT

BEHAVIOR.

(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPLY TO A

PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION WHOSE CHILD OR

CHILDREN ARE IN A HOME EDUCATION PROGRAM UNDER SECTION 1327.1.

SECTION 6. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 1333.1. PROCEDURE BY SCHOOL WHEN CHILD HABITUALLY

TRUANT.--(A) WHEN A CHILD IS HABITUALLY TRUANT AND UNDER

FIFTEEN (15) YEARS OF AGE AT THE TIME OF REFERRAL, THE SCHOOL:

(1) SHALL REFER THE CHILD TO EITHER OF THE FOLLOWING:

(I) A SCHOOL-BASED OR COMMUNITY-BASED ATTENDANCE IMPROVEMENT

PROGRAM.

(II) THE COUNTY CHILDREN AND YOUTH AGENCY FOR SERVICES OR

FOR POSSIBLE DISPOSITION AS A DEPENDENT CHILD UNDER THE

PROVISIONS OF 42 PA.C.S. CH. 63 (RELATING TO JUVENILE MATTERS).

(2) MAY FILE A CITATION IN THE OFFICE OF THE APPROPRIATE

JUDGE AGAINST THE PERSON IN PARENTAL RELATION WHO RESIDES IN THE

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SAME HOUSEHOLD AS THE CHILD.

(B) WHEN A CHILD IS HABITUALLY TRUANT AND FIFTEEN (15) YEARS

OF AGE OR OLDER AT THE TIME OF REFERRAL, THE SCHOOL SHALL

EITHER:

(1) REFER THE CHILD TO A SCHOOL-BASED OR COMMUNITY-BASED

ATTENDANCE IMPROVEMENT PROGRAM OR SERVICE.

(2) FILE A CITATION IN THE OFFICE OF THE APPROPRIATE JUDGE

AGAINST THE CHILD OR THE PERSON IN PARENTAL RELATION WHO RESIDES

IN THE SAME HOUSEHOLD AS THE CHILD.

CONTINUES TO INCUR ADDITIONAL UNEXCUSED ABSENCES AFTER BEING

REFERRED TO A SCHOOL-BASED OR COMMUNITY-BASED ATTENDANCE

IMPROVEMENT PROGRAM OR REFUSES TO PARTICIPATE IN A SCHOOL-BASED

OR COMMUNITY-BASED ATTENDANCE IMPROVEMENT PROGRAM AS RECOMMENDED

THROUGH THE SCHOOL ATTENDANCE IMPROVEMENT CONFERENCE, THE SCHOOL

MAY REFER THE CHILD TO THE COUNTY CHILDREN AND YOUTH AGENCY FOR

POSSIBLE DISPOSITION AS A DEPENDENT CHILD UNDER THE PROVISIONS

OF 42 PA.C.S. CH. 63.

(D) WHEN REFERRING A HABITUALLY TRUANT CHILD TO THE COUNTY

CHILDREN AND YOUTH AGENCY OR FILING A CITATION WITH THE COURT

BECAUSE A CHILD HAS BEEN HABITUALLY TRUANT, THE SCHOOL SHALL

PROVIDE VERIFICATION THAT A SCHOOL ATTENDANCE IMPROVEMENT

CONFERENCE WAS HELD.

(E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPLY TO A

PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION WHOSE CHILD OR

CHILDREN ARE IN A HOME EDUCATION PROGRAM UNDER SECTION 1327.1.

SECTION 1333.2. PROCEDURE UPON FILING OF CITATION.--(A) THE

VENUE FOR THE FILING OF A CITATION UNDER SECTION 1333.1 SHALL BE

BASED ON THE LOCATION OF THE SCHOOL IN WHICH THE CHILD IS

ENROLLED OR SHALL BE ENROLLED EXCEPT WHERE SECTION 1327.2(B)

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APPLIES.

(B) WHEN A CITATION IS FILED AGAINST A CHILD OR A PERSON IN

PARENTAL RELATION WHO RESIDES IN THE SAME HOUSEHOLD AS THE CHILD

UNDER THE PROVISIONS OF SECTION 1333.1, THE JUDGE SHALL PROVIDE

THE FOLLOWING NOTICES:

(1) WRITTEN NOTICE OF THE HEARING WITH RESPECT TO THE

CITATION TO THE SCHOOL, THE PERSON IN PARENTAL RELATION, THE

CHILD AND THE COUNTY CHILDREN AND YOUTH AGENCY.

(2) NOTICE TO THE CHILD OR PERSON IN PARENTAL RELATION WHO

RESIDES IN THE SAME HOUSEHOLD AS THE CHILD OF THE AVAILABILITY

OF A PRECONVICTION DIVERSIONARY PROGRAM AUTHORIZED UNDER 42

PA.C.S. § 1520 (RELATING TO ADJUDICATION ALTERNATIVE PROGRAM).

IS ON THE SCHOOL TO PROVE BEYOND A REASONABLE DOUBT THAT, WHILE

SUBJECT TO COMPULSORY SCHOOL ATTENDANCE, THE CHILD WAS

HABITUALLY AND WITHOUT JUSTIFICATION TRUANT FROM SCHOOL.

(D) IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CITATION FILED

UNDER THIS SUBDIVISION OF THIS ARTICLE AGAINST A PERSON IN

PARENTAL RELATION TO THE CHILD WHO RESIDES IN THE SAME HOUSEHOLD

AS THE CHILD IF THE PERSON IN PARENTAL RELATION TO THE CHILD WHO

RESIDES IN THE SAME HOUSEHOLD AS THE CHILD TOOK EVERY REASONABLE

STEP TO ENSURE ATTENDANCE OF THE CHILD AT SCHOOL.

(E) AN AFFIRMATIVE DEFENSE UNDER SUBSECTION (D) MUST BE

PROVEN BY A PREPONDERANCE OF THE EVIDENCE.

(F) THE COURT SHALL DETERMINE WHETHER THE EVIDENCE HAS

ESTABLISHED THAT A CHILD OR PERSON IN PARENTAL RELATION HAS

VIOLATED THE COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS OF THIS

ARTICLE AND SHALL ENTER THAT VERDICT ON THE RECORD.

(G) THE SCHOOL SHALL, TO THE EXTENT POSSIBLE, INFORM THE

COURT OF ANY PRIOR CONVICTION OF THE CHILD OR PERSON IN PARENTAL

20160HB1907PN4045 - 31 -

RELATION WHO RESIDES IN THE SAME HOUSEHOLD AS THE CHILD FOR A

VIOLATION OF THE COMPULSORY SCHOOL ATTENDANCE REQUIREMENT OF

THIS ARTICLE.

(H) BEFORE ENTERING A SENTENCE THE JUDGE SHALL PERMIT THE

SCHOOL, PERSON IN PARENTAL RELATION OR CHILD TO PRESENT RELEVANT

INFORMATION THAT WILL ASSIST THE JUDGE IN MAKING AN INFORMED

DECISION REGARDING THE APPROPRIATE SENTENCE. THE CHILD'S SCHOOL

ATTENDANCE AFTER THE CITATION HAS BEEN FILED AND WHILE THE

PROCEEDING IS PENDING MAY BE CONSIDERED FOR THE PURPOSE OF

IMPOSING A SENTENCE.

SECTION 1333.3. PENALTIES FOR VIOLATING COMPULSORY SCHOOL

ATTENDANCE REQUIREMENTS.--(A) A PERSON CONVICTED OF AN OFFENSE

UNDER THIS ARTICLE MAY BE:

(1) SENTENCED TO PAY A FINE FOR THE BENEFIT OF THE SCHOOL

THAT IS RESPONSIBLE FOR THE TRUANCY PROCEEDINGS IN AN AMOUNT NOT

EXCEEDING THREE HUNDRED DOLLARS ($300) TOGETHER WITH COURT COSTS

EXCEPT THAT, IN THE CASE OF A SECOND OFFENSE, THE MAXIMUM FINE

FOR A PERSON IN PARENTAL RELATION MAY BE A HIGHER AMOUNT WITHIN

THEIR ABILITY TO PAY NOT EXCEEDING FIVE HUNDRED DOLLARS ($500)

TOGETHER WITH COURT COSTS AND, IN THE CASE OF A THIRD OR

SUBSEQUENT OFFENSE, THE MAXIMUM FINE FOR A PERSON IN PARENTAL

RELATION MAY BE A HIGHER AMOUNT WITHIN THEIR ABILITY TO PAY NOT

EXCEEDING SEVEN HUNDRED AND FIFTY DOLLARS ($750) TOGETHER WITH

COURT COSTS;

(2) SENTENCED TO PERFORM COMMUNITY SERVICE; OR

(3) REQUIRED TO COMPLETE AN APPROPRIATE COURSE OR PROGRAM

DESIGNED TO IMPROVE SCHOOL ATTENDANCE WHICH HAS BEEN APPROVED BY

THE PRESIDENT JUDGE OF THE JUDICIAL DISTRICT.

(B) THE COURT MAY SUSPEND THE SENTENCE OF A PERSON CONVICTED

OF AN OFFENSE AND MAY REMIT OR WAIVE FINES AND COSTS IF THE

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CHILD ATTENDS SCHOOL IN ACCORDANCE WITH A PLAN DEVISED BY THE

COURT.

SHALL HAVE A RIGHT TO APPEAL DE NOVO TO A COURT OF COMMON PLEAS

OF THE PROPER COUNTY WITHIN THIRTY (30) DAYS OF THE CONVICTION.

AFTER THIRTY (30) DAYS, THE APPEAL SHALL PROCEED SIMILAR TO

OTHER APPEALS OF SUMMARY CONVICTIONS.

(D) NO CITATION MAY BE FILED AGAINST A CHILD OR A PERSON IN

PARENTAL RELATION WITH THE CHILD WHO RESIDES IN THE SAME

HOUSEHOLD AS THE CHILD FOR A SUBSEQUENT VIOLATION OF COMPULSORY

SCHOOL ATTENDANCE IF ANY OF THE FOLLOWING CIRCUMSTANCES APPLY:

(1) A PROCEEDING IS ALREADY PENDING UNDER SECTIONS 1333.1

AND 1333.2 AGAINST THE CHILD OR A PERSON IN PARENTAL RELATION

WITH THE CHILD WHO RESIDES IN THE SAME HOUSEHOLD AS THE CHILD

AND JUDGMENT IN THE FIRST PROCEEDING HAS NOT YET BEEN ENTERED,

UNLESS A WARRANT HAS BEEN ISSUED FOR FAILURE OF THE CHILD OR

PERSON IN PARENTAL RELATION TO APPEAR BEFORE THE COURT AND THE

WARRANT HAS NOT YET BEEN SERVED.

(2) A REFERRAL FOR SERVICES HAS BEEN MADE TO THE COUNTY

CHILDREN AND YOUTH AGENCY UNDER THIS SUBDIVISION OF THIS ARTICLE

AND THE AGENCY HAS NOT CLOSED THE CASE.

(3) A PETITION HAS BEEN FILED ALLEGING THE CHILD IS

DEPENDENT DUE TO BEING HABITUALLY TRUANT UNDER 42 PA.C.S. CH. 63

(RELATING TO JUVENILE MATTERS) AND THE CASE REMAINS UNDER THE

JURISDICTION OF THE JUVENILE COURT.

(E) UPON A SECOND OR SUBSEQUENT CONVICTION OF A CHILD OR A

PERSON IN PARENTAL RELATION WITH THE CHILD WHO RESIDES IN THE

SAME HOUSEHOLD AS THE CHILD FOR A VIOLATION OF THE REQUIREMENTS

OF COMPULSORY SCHOOL ATTENDANCE IN A COURT WITHIN THIS

COMMONWEALTH WITHIN A THREE-YEAR PERIOD, THE COURT SHALL REFER

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THE CHILD FOR SERVICES OR POSSIBLE DISPOSITION AS A DEPENDENT

CHILD UNDER 42 PA.C.S. CH. 63.

(F) UPON FAILURE OF A PERSON TO SATISFY THE PENALTY IMPOSED

BY THE COURT UNDER SUBSECTION (A), THE PERSON IN PARENTAL

RELATION MAY BE FOUND IN CONTEMPT OF COURT AND, UPON CONVICTION,

MAY BE SENTENCED TO THE COUNTY JAIL FOR A PERIOD NOT TO EXCEED

THREE (3) DAYS IN ANY ONE CASE. THE COURT SHALL MAKE SUCH A

DETERMINATION BASED ON SPECIFIC FINDING THAT THE PERSON IN

PARENTAL RELATION HAD REASONABLE ABILITY TO COMPLY WITH THE

PENALTY IMPOSED AND THAT NONCOMPLIANCE WAS WILLFUL. THE

FOLLOWING SHALL APPLY:

(1) IN THE CASE OF A CHILD, THE FAILURE TO SATISFY A FINE OR

COSTS IMPOSED UNDER THIS SECTION SHALL NOT BE CONSIDERED A

DELINQUENT ACT.

(2) THE PRESIDENT JUDGE OF A JUDICIAL DISTRICT MAY ADOPT A

LOCAL POLICY UNDER 42 PA.C.S. § 6304 (RELATING TO POWERS AND

DUTIES OF PROBATION OFFICERS) AND THE PENNSYLVANIA RULES OF

JUVENILE COURT PROCEDURE TO PROVIDE THAT A JUVENILE PROBATION

OFFICER MAY RECEIVE ALLEGATIONS THAT THE CHILD WHO FAILS TO

SATISFY A FINE OR COSTS IMPOSED UNDER THIS SECTION IS DEPENDENT

FOR THE PURPOSE OF CONSIDERING THE COMMENCEMENT OF PROCEEDINGS

UNDER 42 PA.C.S. CH. 63.

(G) (1) IF A CHILD IS CONVICTED OF A VIOLATION OF THE

COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS OF THIS ARTICLE, THE

COURT MAY SEND THE DEPARTMENT OF TRANSPORTATION A CERTIFIED

RECORD OF THE CONVICTION ON A FORM PRESCRIBED BY THE DEPARTMENT

ONLY IF THE CHILD FAILS TO COMPLY WITH A LAWFUL SENTENCE ENTERED

FOR THE VIOLATION AND IS NOT SUBJECT TO AN EXCEPTION TO

COMPULSORY ATTENDANCE UNDER SECTION 1330.

(2) THE DEPARTMENT OF TRANSPORTATION SHALL SUSPEND FOR

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NINETY (90) DAYS THE OPERATING PRIVILEGE OF A CHILD UPON

RECEIVING A CERTIFIED RECORD THAT THE CHILD WAS CONVICTED OF A

SUMMARY OFFENSE UNDER THE COMPULSORY SCHOOL ATTENDANCE

REQUIREMENTS OF THIS ARTICLE. IF THE DEPARTMENT OF

TRANSPORTATION RECEIVES A CERTIFIED RECORD OF A SECOND OR

SUBSEQUENT CONVICTION OF A CHILD PURSUANT TO THIS SECTION, THE

DEPARTMENT SHALL SUSPEND THE CHILD'S OPERATING PRIVILEGE FOR SIX

(6) MONTHS.

(3) A CHILD WHOSE RECORD IS RECEIVED BY THE DEPARTMENT OF

TRANSPORTATION UNDER THIS SECTION 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 PERIOD SPECIFIED IN

PARAGRAPH (2). 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 DISQUALIFICATION, REVOCATION OR SUSPENSION OF

OPERATING PRIVILEGE) FOR THE TIME SPECIFIED IN PARAGRAPH (2).

(4) A CHILD WHOSE DRIVING PRIVILEGES HAVE BEEN SUSPENDED OR

WHOSE ELIGIBILITY FOR A PERMIT OR LICENSE IS DELAYED UNDER THIS

SECTION MAY HAVE THAT LICENSE OR ELIGIBILITY RESTORED BY

PROVIDING THE DEPARTMENT OF TRANSPORTATION WITH A FORM DEVELOPED

BY THE DEPARTMENT OF TRANSPORTATION CONTAINING THE FOLLOWING

INFORMATION IN THE FORM OF A CERTIFIED RECORD FROM THE CHILD'S

SCHOOL THAT THE CHILD:

(I) HAS ATTENDED SCHOOL FOR A PERIOD OF AT LEAST TWO (2)

MONTHS AFTER THE FIRST CONVICTION OR FOUR (4) MONTHS AFTER THE

SECOND CONVICTION WITHOUT AN UNEXCUSED ABSENCE OR UNEXCUSED

TARDY;

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(II) IS SUBJECT TO AN EXCEPTION TO COMPULSORY ATTENDANCE

UNDER SECTION 1330; OR

(III) GRADUATES, WITHDRAWS FROM SCHOOL PURSUANT TO

COMPULSORY ATTENDANCE REQUIREMENTS UNDER SECTION 1327, RECEIVES

A GENERAL EDUCATION DIPLOMA OR ENLISTS IN THE MILITARY.

(5) AN INSURER MAY NOT INCREASE PREMIUMS, IMPOSE A SURCHARGE

OR RATE PENALTY, MAKE A DRIVER RECORD POINT ASSIGNMENT FOR

AUTOMOBILE INSURANCE OR CANCEL OR REFUSE TO RENEW AN AUTOMOBILE

INSURANCE POLICY ON ACCOUNT OF A SUSPENSION UNDER THIS SECTION.

(6) NOTHING IN THIS SECTION SHALL PROHIBIT A CHILD WHO IS

CONVICTED OF A VIOLATION OF THE COMPULSORY SCHOOL ATTENDANCE

REQUIREMENTS OF THIS ARTICLE FROM BEING ELIGIBLE FOR AN

OCCUPATIONAL LIMITED LICENSE UNDER 75 PA.C.S. § 1553 (RELATING

TO OCCUPATIONAL LIMITED LICENSE).

(H) (1) UPON APPLICATION FROM A CHILD WHO HAS A CONVICTION

OF A SUMMARY OFFENSE UNDER SECTION 1333.2, THE COURT SHALL GRANT

AN EXPUNGEMENT OF THE CONVICTION FROM THE CHILD'S RECORD IF ALL

OF THE FOLLOWING APPLY:

(I) THE CHILD HAS EARNED A HIGH SCHOOL DIPLOMA, A

COMMONWEALTH SECONDARY SCHOOL DIPLOMA OR ANOTHER DEPARTMENT OF

EDUCATION-APPROVED EQUIVALENT, OR IS SUBJECT TO AN EXCEPTION TO

COMPULSORY ATTENDANCE UNDER SECTION 1330.

(II) THE CHILD HAS SATISFIED ANY SENTENCE IMPOSED BY THE

COURT WITH RESPECT TO THE CONVICTION, INCLUDING PAYMENT OF FINES

AND COSTS.

(2) IF THE COURT GRANTS AN EXPUNGEMENT UNDER PARAGRAPH (1),

THE COURT SHALL ORDER THE DEPARTMENT OF TRANSPORTATION TO

EXPUNGE ALL ADMINISTRATIVE RECORDS RELATED TO THE CONVICTIONS.

(I) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPLY TO A

PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION WHOSE CHILD OR

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CHILDREN ARE IN A HOME EDUCATION PROGRAM UNDER SECTION 1327.1.

SECTION 1333.4. STUDY OF TRUANCY PROCEDURE.--(A) FIVE (5)

YEARS AFTER COMMENCEMENT OF THE FIRST SCHOOL YEAR TO WHICH

SECTION 1333 APPLIES, THE JOINT STATE GOVERNMENT COMMISSION

SHALL UNDERTAKE A STUDY OF THE PROCEDURES FOR HOW A SCHOOL

HANDLES CHILDREN WHO ARE TRUANT AND HABITUALLY TRUANT AND

EVALUATE THE EFFECTIVENESS OF THE PROCEDURES IN IMPROVING SCHOOL

ATTENDANCE AND WHETHER THE PROCEDURES SHOULD BE REVISED,

INCLUDING TO REQUIRE COURT INVOLVEMENT SOONER IN CERTAIN TRUANCY

CASES.

(B) THE JOINT STATE GOVERNMENT COMMISSION SHALL ESTABLISH AN

ADVISORY COMMITTEE THAT MAY INCLUDE REPRESENTATIVES OF THE

DEPARTMENT OF EDUCATION, EDUCATIONAL ENTITIES AND ORGANIZATIONS,

THE JUDICIARY, DISTRICT ATTORNEYS, LAW ENFORCEMENT, PUBLIC

ORGANIZATIONS INVOLVED IN TRUANCY ISSUES, REPRESENTATIVES OF

COUNTY CHILDREN AND YOUTH AGENCIES AND JUVENILE JUSTICE AGENCIES

AND OTHER ORGANIZATIONS SELECTED BY THE JOINT STATE GOVERNMENT

COMMISSION TO CONSULT WITH THE JOINT STATE GOVERNMENT COMMISSION

IN CONDUCTING THE STUDY.

INFORMATIONAL MEETINGS TO RECEIVE TESTIMONY FROM PROFESSIONALS

OR ORGANIZATIONS WITH EXPERTISE IN TRUANCY AND TRUANCY

PREVENTION.

(D) THE JOINT STATE GOVERNMENT COMMISSION SHALL ISSUE A

REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE EDUCATION

COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE OF THE HOUSE

OF REPRESENTATIVES NOT LATER THAN TWELVE (12) MONTHS AFTER

UNDERTAKING THE STUDY.

SECTION 7. SECTION 1338.1 OF THE ACT IS REPEALED:

[SECTION 1338.1. SUSPENSION OF OPERATING PRIVILEGE.--(A)

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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.

(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).

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 8. SECTIONS 1732-A(A) AND 1749-A(A)(1) OF THE ACT,

AMENDED OR ADDED JUNE 29, 2002 (P.L.524, NO.88), ARE AMENDED TO

READ:

SECTION 1732-A. PROVISIONS APPLICABLE TO CHARTER SCHOOLS.--

(A) CHARTER SCHOOLS SHALL BE SUBJECT TO THE FOLLOWING:

SECTIONS 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,

510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 755,

771, 776, 777, 808, 809, 810, 1109, 1111, 1112(A), 1301, 1310,

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1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330,

1332, 1333, 1333.1, 1333.2, 1333.3, 1303-A, 1513, 1517, 1518,

1521, 1523, 1531, 1547, 2014-A, ARTICLE XIII-A AND ARTICLE XIV.

ACT OF JULY 17, 1961 (P.L.776, NO.341), KNOWN AS THE

"PENNSYLVANIA FAIR EDUCATIONAL OPPORTUNITIES ACT."

ACT OF JULY 19, 1965 (P.L.215, NO.116), ENTITLED "AN ACT

PROVIDING FOR THE USE OF EYE PROTECTIVE DEVICES BY PERSONS

ENGAGED IN HAZARDOUS ACTIVITIES OR EXPOSED TO KNOWN DANGERS IN

SCHOOLS, COLLEGES AND UNIVERSITIES."

SECTION 4 OF THE ACT OF JANUARY 25, 1966 (1965 P.L.1546,

NO.541), ENTITLED "AN ACT PROVIDING SCHOLARSHIPS AND PROVIDING

FUNDS TO SECURE FEDERAL FUNDS FOR QUALIFIED STUDENTS OF THE

COMMONWEALTH OF PENNSYLVANIA WHO NEED FINANCIAL ASSISTANCE TO

ATTEND POSTSECONDARY INSTITUTIONS OF HIGHER LEARNING, MAKING AN

APPROPRIATION, AND PROVIDING FOR THE ADMINISTRATION OF THIS

ACT."

ACT OF JULY 12, 1972 (P.L.765, NO.181), ENTITLED "AN ACT

RELATING TO DRUGS AND ALCOHOL AND THEIR ABUSE, PROVIDING FOR

PROJECTS AND PROGRAMS AND GRANTS TO EDUCATIONAL AGENCIES, OTHER

PUBLIC OR PRIVATE AGENCIES, INSTITUTIONS OR ORGANIZATIONS."

ACT OF DECEMBER 15, 1986 (P.L.1595, NO.175), KNOWN AS THE

"ANTIHAZING LAW."

* * *

SECTION 1749-A. APPLICABILITY OF OTHER PROVISIONS OF THIS ACT

AND OF OTHER ACTS AND REGULATIONS.

(A) GENERAL REQUIREMENTS.--CYBER CHARTER SCHOOLS SHALL BE

SUBJECT TO THE FOLLOWING:

(1) SECTIONS 108, 110, 111, 321, 325, 326, 327, 431,

436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777,

808, 809, 810, 1109, 1111, 1112(A), 1205.1, 1205.2, 1301,

20160HB1907PN4045 - 39 -

1302, 1310, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330,

1332, 1333, 1333.1, 1333.2, 1333.3, 1303-A, 1518, 1521, 1523,

1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A, 1719-A,

1721-A, 1722-A, 1723-A(A) AND (B), 1724-A, 1725-A, 1727-A,

1729-A, 1730-A, 1731-A(A)(1) AND (B) AND 2014-A AND ARTICLES

XII-A, XIII-A AND XIV.

* * *

SECTION 9. SECTION 1901-C(5) OF THE ACT, ADDED JUNE 25, 1997

(P.L.297, NO.30), IS AMENDED TO READ:

SECTION 1901-C. DEFINITIONS.--FOR PURPOSES OF THIS ARTICLE,

THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

* * *

(5) "DISRUPTIVE STUDENT." A STUDENT WHO POSES A CLEAR

THREAT TO THE SAFETY AND WELFARE OF OTHER STUDENTS OR THE SCHOOL

STAFF, WHO CREATES AN UNSAFE SCHOOL ENVIRONMENT OR WHOSE

BEHAVIOR MATERIALLY INTERFERES WITH THE LEARNING OF OTHER

STUDENTS OR DISRUPTS THE OVERALL EDUCATIONAL PROCESS. THE

DISRUPTIVE STUDENT EXHIBITS TO A MARKED DEGREE ANY OR ALL OF THE

FOLLOWING CONDITIONS:

(I) DISREGARD FOR SCHOOL AUTHORITY, INCLUDING PERSISTENT

VIOLATION OF SCHOOL POLICY AND RULES.

(II) DISPLAY OR USE OF CONTROLLED SUBSTANCES ON SCHOOL

PROPERTY OR DURING SCHOOL-AFFILIATED ACTIVITIES.

(III) VIOLENT OR THREATENING BEHAVIOR ON SCHOOL PROPERTY OR

DURING SCHOOL-AFFILIATED ACTIVITIES.

(IV) POSSESSION OF A WEAPON ON SCHOOL PROPERTY, AS DEFINED

UNDER 18 PA.C.S. § 912 (RELATING TO POSSESSION OF WEAPON ON

SCHOOL PROPERTY).

(V) COMMISSION OF A CRIMINAL ACT ON SCHOOL PROPERTY OR

DURING SCHOOL-AFFILIATED ACTIVITIES.

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(VI) MISCONDUCT THAT WOULD MERIT SUSPENSION OR EXPULSION

UNDER SCHOOL POLICY.

[(VII) HABITUAL TRUANCY.]

NO STUDENT WHO IS ELIGIBLE FOR SPECIAL EDUCATION SERVICES

PURSUANT TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

(PUBLIC LAW 91-230, 20 U.S.C. § 1400 ET SEQ.) SHALL BE DEEMED A

DISRUPTIVE STUDENT FOR THE PURPOSES OF THIS ACT, EXCEPT AS

PROVIDED FOR IN 22 PA. CODE § 14.35 (RELATING TO DISCIPLINE).

* * *

SECTION 10. THIS ACT SHALL APPLY TO THE 2017-2018 SCHOOL

YEAR AND EACH SCHOOL YEAR THEREAFTER.

SECTION 11. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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