PRINTER'S NO. 3283
No. 2408 Session of 1990
INTRODUCED BY CESSAR, COWELL, MAYERNIK, EVANS, DALEY, COLAFELLA,
LESCOVITZ, BURNS, GANNON, SCHULER, DAVIES, WASS, STAIRS AND
FOX, MARCH 28, 1990
REFERRED TO COMMITTEE ON EDUCATION, MARCH 28, 1990
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 penalties for
6 truancy.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1333 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended January 14, 1970 (1969 P.L.468, No.192), is amended to
12 read:
13 Section 1333. Penalties for Violation of Compulsory
14 Attendance Requirements.--(a) Every parent, guardian, or person
15 in parental relation, having control or charge of any child or
16 children of compulsory school age, who shall fail to comply with
17 the provisions of this act regarding compulsory attendance,
18 shall on summary conviction thereof, be sentenced to pay a fine,
19 for the benefit of the school district in which such offending
1 person resides, [not exceeding two dollars ($2) for the first
2 offense, and not exceeding five dollars ($5) for each succeeding
3 offense, together with costs,] of three hundred dollars ($300)
4 for the first offense, together with costs, and three hundred
5 dollars ($300) for each succeeding offense or complete a
6 parenting education program, together with costs, offered and
7 operated by a local school district, medical institution or
8 other State-approved agency, and, in default of the payment of
9 such fine and costs or completion of the parenting program by
10 the person so offending, shall be sentenced to the county jail
11 for a period not exceeding five (5) days. Any person sentenced
12 to pay any such fine may, at any time within five (5) days
13 thereafter, appeal to the court of [quarter sessions] common
14 pleas of the proper county, upon entering into a recognizance,
15 with one or more proper sureties, in double the amount of
16 penalty and costs. Before any proceedings are instituted against
17 any parent, guardian, or person in parental relation, for
18 failure to comply with the provisions of this act, the district
19 superintendent, attendance officer, or secretary of the board of
20 school directors, shall give the offending person three (3)
21 days' written notice of such violation. If, after such notice
22 has been given, the provisions of this act regarding compulsory
23 attendance are again violated by the persons so notified, at any
24 time during the term of compulsory attendance, such person, so
25 again offending, shall be liable under the provisions of this
26 section without further notice. After the first offense, for
27 every succeeding offense, every parent, guardian, or person in
28 parental relation, must appear at a hearing established by the
29 district justice. If the parent, guardian, or person in parental
30 relation, charged with a summary offense under this subsection
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1 shows that he or she took every reasonable step to insure
2 attendance of the child at school, he or she shall not be
3 convicted of the summary offense.
4 (b) (1) If the parent, guardian, or person in parental
5 relation, is not convicted of a summary offense because he or
6 she took every reasonable step to insure attendance of the child
7 at school, the child of compulsory school age who fails to
8 comply with the provisions of this act regarding compulsory
9 attendance or who is habitually truant from school without
10 justification, is guilty of a summary offense and, upon
11 conviction, shall be sentenced to pay a fine for the benefit of
12 the school district in which such offending child resides, of
13 three hundred dollars ($300) for each offense or shall be
14 assigned to an adjudication alternative program pursuant to 42
15 Pa.C.S. § 1520 (relating to adjudication alternative program).
16 Such child shall appear at the hearing, established by the
17 district justice, accompanied by his or her parent, guardian, or
18 person in parental relation.
19 (2) If the child fails to pay this fine or to comply with
20 the adjudication alternative program, the district justice may
21 proceed according to section 1338 of this act.
22 (3) Where authorized by the court of common pleas, the
23 district justice shall have authority to compel service by
24 sheriff, constable or police and secure attendance during the
25 week, day and times that the court is in session.
26 (4) The court of common pleas may elect to hear directly
27 cases brought under this section.
28 (5) The following words, when used in this subsection, shall
29 have the following meaning, except where the context clearly
30 indicates or requires a different meaning:
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1 "Habitually truant" shall mean absence for more than three
2 (3) school days or their equivalent, following the first notice
3 of truancy given under section 1354 of this act. A person may be
4 habitually truant after such notice.
5 "Offense" shall mean each citation which goes before a
6 district justice or court of common pleas.
7 Section 2. This act shall take effect immediately.
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