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 definitions, for reports of enrollments,
7attendance and withdrawals and public and private schools and
8for penalties for violation of compulsory attendance
9requirements.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 1326 of the act of March 10, 1949
13(P.L.30, No.14), known as the Public School Code of 1949, is
14amended to read:

15Section 1326. Definitions.--The [term "compulsory school
16age," as hereinafter used, shall mean the] following words and 
17phrases as used in this subdivision shall have the meaning given 
18to them in this section unless the context clearly indicates 
19otherwise:

20"Chronically truant." The condition of being absent from
21school without lawful excuse after being so absent for ten (10)
22school days or their equivalent during a school year and after a

1first notice of truancy is sent for that school year.

2"Compulsory school age." The period of a child's life from
3the time the child's parents elect to have the child enter
4school, which shall be not later than at the age of eight (8)
5years, until the age of seventeen (17) years. The term shall not
6include any child who holds a certificate of graduation from a
7regularly accredited senior high school.

8[The term "migratory child," wherever used in this
9subdivision of this article, shall include] "Migratory child."
10The term includes any child domiciled temporarily in any school
11district for the purpose of seasonal employment, but not
12acquiring residence therein, and any child accompanying his
13parent or guardian who is so domiciled.

14Section 2. Section 1332 of the act, amended January 14, 1970
15(1969, P.L.468, No.192), is amended to read:

16Section 1332. Reports of Enrollments; Attendance and
17Withdrawals; Public and Private Schools.--(a) Every principal
18or teacher in every public school, and every principal, teacher
19or tutor in every school other than a public school, and in
20every institution for children, and every private teacher in
21every school district, shall, immediately after their admission
22to such school or institution, or at the beginning of such
23private teaching, furnish to the district superintendents,
24attendance officers, home and school visitors, or secretaries of
25the boards of school directors of the districts wherein the
26parents or guardians of such children reside, lists of the names
27and residences of all children between six (6) and eighteen (18)
28years of age enrolled in such school or institution, or taught
29by such private teachers; and shall further report at once to
30such district superintendent, or secretary of the board of

1school directors, the name and date of withdrawal of any such
2pupil withdrawing from any such school or institution, or from
3such private instruction, if such withdrawal occurs during the
4period of compulsory attendance in said district.

5(b) Every principal or teacher in a school other than a
6public school, and every private teacher, shall also report at
7once to the superintendent, attendance officer, home and school
8visitor, or secretary of the board of school directors of the
9district, any such child who has been absent three (3) days, or
10their equivalent, during the term of compulsory attendance,
11without lawful excuse.

12(c) Pursuant to the Family Educational Rights and Privacy
13Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) and 34 CFR §
1499.31 (relating to under what conditions is prior consent not
15required to disclose information?), if a district attorney
16requests records from a school entity for use in a community-
17based antitruancy program, the school entity shall provide the
18district attorney with any of the following:

19(1) Attendance records of any student under its
20jurisdiction.

21(2) Truancy records of any student under its jurisdiction.

22(3) A list of all chronically truant students under its
23jurisdiction.

24(d) A district attorney who obtains records or other
25information under this section may keep the records or other
26information through the end of the current school year and for
27two consecutive school years thereafter. A district attorney
28shall destroy the records or other information after two
29consecutive school years.

30(e) The following words and phrases as used in this section

1shall have the meanings given to them in this subsection unless
2the context clearly indicates otherwise:

3"Records." A record that includes any of the following
4information relating to a student:

5(1) The name of the student.

6(2) The name of the student's parent, guardian or person in
7parental relation.

8(3) The telephone numbers of the student and the student's
9parent, guardian or person in parental relation.

10(4) The address of the student and the student's parent,
11guardian or person in parental relation.

12(5) The student's date of birth.

13"School entity." A public school, charter school, cyber
14charter school or private school.

15"Students." A child who has not attained the age of fourteen
16(14) years and is subject to compulsory attendance requirements.

17Section 3. Section 1333(a) of the act is amended by adding a
18clause to read:

19Section 1333. Penalties for Violation of Compulsory
20Attendance Requirements.--(a) * * *

21(5) A person who:

22(A) is a parent, guardian or person in parental relation of
23a child who has not attained the age of fourteen (14) years and
24is chronically truant; and

25(B) fails to participate in a community-based antitruancy
26program;

27commits a violation of 18 Pa.C.S. § 4304 (relating to
28endangering the welfare of children).

29* * *

30Section 4. This act shall take effect in 60 days.