PRINTER'S NO. 273
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
359
Session of
2015
INTRODUCED BY GREENLEAF, SCHWANK, KITCHEN, BREWSTER, AUMENT,
VANCE, COSTA, HUGHES, RAFFERTY, BAKER AND FONTANA,
JANUARY 30, 2015
REFERRED TO EDUCATION, JANUARY 30, 2015
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 penalties for violation of compulsory
attendance requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1333 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
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
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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
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
magisterial district [justice] judge. 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 magisterial district
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[justice] judge 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 magisterial district [justice] judge 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.
(5) (i) Except as part of an individualized truancy
elimination plan provided for in this paragraph, a school
district shall not refer a child for services or possible
disposition as a dependent child under 42 Pa.C.S. § 6302
(relating to definitions) unless the school district has
exercised due diligence in its attempts to compel the child's
compliance with the compulsory attendance provisions of this act
and shall not refer a case to a magisterial district judge under
this section unless it has exercised such due diligence. Due
diligence shall include development of an individualized truancy
elimination plan developed cooperatively with teachers and
appropriate school personnel through a conference with the
child's family following the first notice of truancy given under
section 1354.
(ii) The truancy elimination plan developed through the
conference with the child's family shall assess and identify the
causes of truancy and include a mutually agreed-upon plan to
assure regular school attendance. The truancy elimination plan
shall include best practices in truancy prevention. The plan may
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include referring the child and family to evidence-based
intervention programs for at-risk children and families.
(iii) If the child's family refuses to participate in the
development of a truancy elimination plan, due diligence shall
include the development of a truancy elimination plan for the
child by the school district and documentation of the school
district's efforts to include the family in the development of
the plan.
(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
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 magisterial
district [justice] judge 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
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matters).
(3) Upon a summary conviction or assignment to an
adjudication alternative program, the magisterial district
[justice] judge 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.
(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] Human Services and other public or private
institutions.
["District justice" shall mean such court as the court of
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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.
"Magisterial district judge" shall mean such court as the
court of common pleas shall direct in counties not having
magisterial district judges.
"Offense" shall mean each citation which goes before a
magisterial district [justice] judge 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).
(c) If a child is convicted for a violation of this section,
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.
Section 2. This act shall take effect in 60 days.
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