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," further providing for penalties for
6violation of compulsory attendance requirements and for
7report of children not enrolling, or withdrawing, or being
8illegally absent.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

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

15Section 1333. Penalties for Violation of Compulsory
16Attendance Requirements.--* * *

17(b) (1) If the parent, guardian or person in parental
18relation is not convicted of a summary offense because he or she
19took every reasonable step to insure attendance of the child at
20school, a child of compulsory school age who has attained the

1age of thirteen (13) years and fails to comply with the
2provisions of this act regarding compulsory attendance or who is
3habitually truant from school without justification commits a
4summary offense and except as provided in clause (4) shall, upon
5conviction, be sentenced to pay a fine not exceeding three
6hundred dollars ($300) for each offense for the benefit of the
7school district in which such offending child resides or shall
8be assigned to an adjudication alternative program pursuant to
942 Pa.C.S. § 1520 (relating to adjudication alternative
10program).

11(2) For any child who has attained the age of thirteen (13)
12years who fails to pay the fine under clause (1) or to comply
13with the adjudication alternative program, the [district
14justice] magisterial district judge may allege the child to be
15dependent under 42 Pa.C.S. § 6303(a)(1) (relating to scope of
16chapter). The failure by the child to pay a fine or comply with
17the adjudication alternative program shall not constitute a
18delinquent act under 42 Pa.C.S. Ch. 63 (relating to juvenile
19matters).

20(3) Upon a summary conviction or assignment to an
21adjudication alternative program, the [district justice]
22magisterial district judge may suspend, in whole or in part, a
23sentence or an adjudication alternative program in which a child
24who has attained the age of thirteen (13) years must pay or
25comply with the adjudication alternative program: Provided, That
26the child no longer is habitually truant from school without
27justification.

28(4) Any child who has not attained the age of thirteen (13)
29years who fails to comply with the compulsory attendance
30provisions of this act and is habitually truant shall be

1referred by the school district for services or possible
2disposition as a dependent child as defined under 42 Pa.C.S. § 
36302 (relating to definitions). Any child who has attained the
4age of thirteen (13) years who fails to comply with the
5compulsory attendance provisions of this act and is habitually
6truant may, in lieu of a prosecution under clause (1), be
7referred by the school district for services or possible
8disposition as a dependent child as defined under 42 Pa.C.S. § 
96302.

10(5) A school district shall not refer a case to a 
11magisterial district judge or refer a child for services or 
12possible disposition as a dependent child under 42 Pa.C.S. § 
136302 unless the school district has exercised due diligence in 
14its attempts to compel the child's compliance with the 
15compulsory attendance provisions of this act. Such due diligence 
16shall include development of an individualized truancy 
17elimination plan developed cooperatively with teachers and 
18appropriate school personnel through a conference with the 
19child's family following the first notice of truancy given under 
20section 1354. The truancy elimination plan developed through the 
21conference with a child's family shall assess and identify the 
22causes of truancy and include a mutually agreed-upon plan to 
23assure regular school attendance. If the child's family refuses 
24to participate in the development of a truancy elimination plan, 
25due diligence shall include the development of a truancy 
26elimination plan for the child by the school district and 
27documentation of the school district's efforts to include the 
28family in the development of the plan.

29[(5)] (6) The following words, when used in this subsection,
30shall have the following meaning, except where the context

1clearly indicates or requires a different meaning:

2"Community resources" shall mean those agencies and services
3for children and youth provided by the juvenile court, the
4county, the Department of Health, the Department of Public
5Welfare and other public or private institutions.

6["District justice" shall mean such court as the court of
7common pleas shall direct in counties not having district
8justices.]

9"Habitually truant" shall mean absence for more than three
10(3) school days or their equivalent within a single school year
11following the first notice of truancy given under section 1354.
12A person may be habitually truant after such notice.

13"Magisterial district judge" shall mean such court as the
14court of common pleas shall direct in counties not having
15magisterial district judges.

16"Offense" shall mean each citation which goes before a
17[district justice] magisterial district judge or court of common
18pleas.

19"Person in parental relation" shall not include any county
20agency or person acting as an agent of the county agency in the
21jurisdiction of a dependent child defined under 42 Pa.C.S. § 
226302 (relating to definitions).

23* * *

24Section 2. Section 1354 of the act, amended January 14, 1970
25(1969 P.L.468, No.192), is amended to read:

26Section 1354. Report of Children not Enrolling, or
27Withdrawing, or Being Illegally Absent.--It shall be the duty of
28every principal or teacher of a public school to report
29immediately to the attendance officer, district superintendent,
30or secretary of the board of school directors, the names of all

1children in the list furnished to him who have not appeared for
2enrollment, and he shall also properly report, from time to
3time, to the attendance officer, district superintendent, or
4secretary of the board of school directors, the names of all
5children who having enrolled have subsequently withdrawn from
6school, or who have been absent three (3) days within a single 
7school year, or their equivalent, without lawful excuse. Such
8person shall thereupon serve upon the parent, guardian, or other
9person in parental relation to such children unlawfully absent
10from school, the written notice hereinbefore provided, and if it
11shall appear that, within three (3) days thereafter, any child,
12parent, guardian, or other person in parental relation shall
13have failed to comply with the provisions of this act, the
14superintendent, attendance officer, or secretary of the board of
15school directors, in the name of the school district, shall
16proceed against the person so offending, in accordance with the
17provisions of this act.

18Section 3. The Department of Education, in the manner
19provided by law and in consultation with the Department of
20Public Welfare, shall promulgate regulations necessary to carry
21out the amendment of section 1333(b) of the act. The regulations
22shall provide for the creation and format of truancy elimination
23plans pursuant to section 1333(b) of the act.

24Section 4. This act shall take effect in 60 days.