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PRIOR PRINTER'S NO. 273
PRINTER'S NO. 1642
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
359
Session of
2015
INTRODUCED BY GREENLEAF, SCHWANK, KITCHEN, BREWSTER, AUMENT,
VANCE, COSTA, HUGHES, RAFFERTY, BAKER, FONTANA, MENSCH AND
VOGEL, JANUARY 30, 2015
SENATOR SMUCKER, EDUCATION, AS AMENDED, MARCH 22, 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 penalties for violation of compulsory
attendance requirements.
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 enforcing attendance, further
providing for definitions; providing for attendance policy at
charter and cyber charter schools; further providing for
reports of enrollments, attendance and withdrawals and public
and private schools, and 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 repealing provisions
relating to suspension of operating privilege.
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:
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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
again offending, shall be liable under the provisions of this
section without further notice.
(2) The child and every parent, guardian or person in
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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
[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
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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
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)
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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
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
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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
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.
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Section 2. This act shall take effect in 60 days.
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.--WHEN USED IN THIS SUBDIVISION,
THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING
MEANINGS:
THE TERM "CITATION" SHALL MEAN A NON-TRAFFIC CITATION OR
PRIVATE CRIMINAL COMPLAINT.
THE TERM ["COMPULSORY SCHOOL AGE," AS HEREINAFTER USED,]
"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, 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 LICENSED, REGISTERED OR APPROVED SENIOR
HIGH SCHOOL.
THE TERM "CONVICTION" SHALL MEAN A CONVICTION UNDER SECTION
1333, 1333.1, 1333.2 OR 1333.3 FOR VIOLATION OF THE COMPULSORY
SCHOOL ATTENDANCE REQUIREMENTS.
THE TERM "COURT" SHALL MEAN A MAGISTERIAL DISTRICT COURT OR A
COURT OF COMMON PLEAS.
THE TERM "EXCUSED ABSENCE" SHALL MEAN AN ABSENCE FROM SCHOOL
WHICH IS PERMITTED UNDER SECTION 1329.
THE TERM "HABITUALLY TRUANT" SHALL MEAN HAVING INCURRED
UNEXCUSED ABSENCES FOR SIX (6) OR MORE DAYS DURING THE CURRENT
SCHOOL YEAR BY A CHILD SUBJECT TO COMPULSORY SCHOOL ATTENDANCE.
THE TERM "JUDGE" SHALL MEAN A MAGISTERIAL DISTRICT JUDGE OR
JUDGE OF A COURT OF COMMON PLEAS.
THE TERM ["MIGRATORY CHILD," WHEREVER USED IN THIS
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SUBDIVISION OF THIS ARTICLE,] "MIGRATORY CHILD" 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] OR
HER PERSON IN PARENTAL RELATION WHO IS SO DOMICILED.
THE TERM "OFFENSE" SHALL MEAN EACH CITATION FILED UNDER
SECTION 1333, 1333.1, 1333.2 OR 1333.3 FOR A VIOLATION OF THE
COMPULSORY SCHOOL ATTENDANCE REQUIREMENT REGARDLESS OF THE
NUMBER OF UNEXCUSED ABSENCES AVERRED IN THE CITATION.
THE TERM "PERSON IN PARENTAL RELATION" SHALL MEAN A:
(1) BIOLOGICAL OR ADOPTIVE PARENT;
(2) NONCUSTODIAL BIOLOGICAL OR ADOPTIVE PARENT;
(3) GUARDIAN OF THE PERSON OF THE CHILD; OR
(4) PERSON WITH WHOM THE CHILD LIVES AND WHO IS ACTING
IN A PARENTAL ROLE FOR A CHILD OF COMPULSORY SCHOOL AGE.
THE TERM DOES NOT INCLUDE A COUNTY AGENCY OR PERSON ACTING AS
AN AGENT OF THE COUNTY AGENCY IN THE JURISDICTION OF A DEPENDENT
CHILD AS DEFINED UNDER 42 PA.C.S. § 6302 (RELATING TO
DEFINITIONS). THIS DEFINITION SHALL NOT BE CONSTRUED TO EXPAND
THE RIGHT OF A CHILD UNDER ANY OTHER PROVISION OF THIS ACT.
THE TERM "SCHOOL" SHALL MEAN THE EDUCATIONAL ENTITY IN WHICH
THE CHILD IS ENROLLED.
THE TERM "SCHOOL ATTENDANCE IMPROVEMENT CONFERENCE" SHALL
MEAN A CONFERENCE WHERE THE CHILD'S ABSENCES AND THE REASONS FOR
THE ABSENCES ARE EXAMINED IN AN EFFORT TO IMPROVE ATTENDANCE,
WITH OR WITHOUT ADDITIONAL SERVICES. THE FOLLOWING INDIVIDUALS
SHALL BE INVITED:
(1) THE CHILD.
(2) THE CHILD'S PERSON IN PARENTAL RELATION.
(3) OTHER INDIVIDUALS IDENTIFIED BY THE PERSON IN PARENTAL
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RELATION WHO MAY BE A RESOURCE.
(4) APPROPRIATE SCHOOL PERSONNEL.
(5) RECOMMENDED SERVICE PROVIDERS.
THE TERM "SCHOOL DAY" SHALL MEAN THE LENGTH OF TIME THAT A
CHILD SUBJECT TO COMPULSORY ATTENDANCE IS EXPECTED TO BE
RECEIVING INSTRUCTION DURING A CALENDAR DAY, AS DETERMINED BY
THE SCHOOL.
THE TERM "SCHOOL OR COMMUNITY-BASED ATTENDANCE IMPROVEMENT
PROGRAM" SHALL MEAN ANY PROGRAM DESIGNED TO IMPROVE SCHOOL
ATTENDANCE BY SEEKING TO IDENTIFY AND ADDRESS THE UNDERLYING
REASONS FOR A CHILD'S ABSENCES.
THE TERM "SCHOOL YEAR" SHALL HAVE THE SAME MEANING AS THE
TERM "SCHOOL YEAR" AS DEFINED IN SECTION 102 AND AS FURTHER
DEFINED IN SECTION 1327(B) FOR PAROCHIAL SCHOOLS, SECTION
1327.1(C) FOR HOME EDUCATION PROGRAMS, SECTIONS 1501 AND 1504
FOR ALL PUBLIC SCHOOLS, SECTION 1715-A(9) FOR CHARTER SCHOOLS
AND SECTION 1749-(A)(A)(1) FOR CYBER CHARTER SCHOOLS.
THE TERM "TRUANT" SHALL MEAN HAVING INCURRED UNEXCUSED
ABSENCES OF THREE (3) OR MORE SCHOOL DAYS DURING THE CURRENT
SCHOOL YEAR BY A CHILD SUBJECT TO COMPULSORY SCHOOL ATTENDANCE.
THE TERM "UNEXCUSED ABSENCE" SHALL MEAN AN ABSENCE FROM
SCHOOL WHICH IS NOT PERMITTED UNDER SECTION 1329 AND WHERE AN
APPROVED EXPLANATION HAS NOT BEEN SUBMITTED WITHIN THE TIME
PERIOD SPECIFIED. 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 AND CYBER
CHARTER SCHOOLS.--(A) EACH CHARTER AND CYBER CHARTER SCHOOL
SHALL ESTABLISH AN ATTENDANCE POLICY DESIGNED TO ACCURATELY
DETERMINE WHEN A CHILD WHO IS ENROLLED IN A CHARTER OR CYBER
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CHARTER SCHOOL HAS AN UNEXCUSED ABSENCE, WHICH MAY DIFFER FROM
THE POLICY OF THE HOME SCHOOL DISTRICT OF THE CHILD. THE POLICY
MUST CONFORM TO THE PROVISIONS OF THIS ACT RELATING TO
COMPULSORY ATTENDANCE.
(B) THE DEPARTMENT SHALL, IN CONSULTATION WITH CYBER CHARTER
SCHOOLS, 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.
(C) WHEN PROCEEDING UNDER SECTION 1333.2 FOR THE FILING OF A
CITATION, VENUE SHALL BE BASED UPON THE RESIDENCE OF THE CHILD.
PARTICIPATION BY ANY CYBER CHARTER SCHOOL IN THE PROCEEDINGS MAY
BE CONDUCTED IN PERSON OR VIA VIDEO CONFERENCING.
SECTION 3. SECTION 1332 OF THE ACT, AMENDED JANUARY 14, 1970
(1969 P.L.468, NO.192), IS AMENDED TO READ:
SECTION 1332. REPORTS OF ENROLLMENTS; ATTENDANCE AND
WITHDRAWALS; PUBLIC AND PRIVATE SCHOOLS.--EVERY PRINCIPAL OR
TEACHER IN EVERY PUBLIC SCHOOL, AND EVERY PRINCIPAL, TEACHER OR
TUTOR IN EVERY SCHOOL OTHER THAN A PUBLIC SCHOOL, AND IN EVERY
INSTITUTION FOR CHILDREN, AND EVERY PRIVATE TEACHER IN EVERY
SCHOOL DISTRICT, SHALL, IMMEDIATELY AFTER THEIR ADMISSION TO
SUCH SCHOOL OR INSTITUTION, OR AT THE BEGINNING OF SUCH PRIVATE
TEACHING, FURNISH TO THE DISTRICT SUPERINTENDENTS, ATTENDANCE
OFFICERS, HOME AND SCHOOL VISITORS, OR SECRETARIES OF THE BOARDS
OF SCHOOL DIRECTORS OF THE DISTRICTS WHEREIN THE PARENTS OR
GUARDIANS OF SUCH CHILDREN RESIDE, LISTS OF THE NAMES AND
RESIDENCES OF ALL CHILDREN BETWEEN [SIX (6)] EIGHT (8) AND
EIGHTEEN (18) YEARS OF AGE ENROLLED IN SUCH SCHOOL OR
INSTITUTION, OR TAUGHT BY SUCH PRIVATE TEACHERS; AND SHALL
FURTHER REPORT AT ONCE TO SUCH DISTRICT SUPERINTENDENT, OR
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SECRETARY OF THE BOARD OF SCHOOL DIRECTORS, THE NAME AND DATE OF
WITHDRAWAL OF ANY SUCH PUPIL WITHDRAWING FROM ANY SUCH SCHOOL OR
INSTITUTION, OR FROM SUCH PRIVATE INSTRUCTION, IF SUCH
WITHDRAWAL OCCURS DURING THE PERIOD OF COMPULSORY ATTENDANCE IN
SAID DISTRICT. EVERY PRINCIPAL OR TEACHER IN A SCHOOL OTHER THAN
A PUBLIC SCHOOL, AND EVERY PRIVATE TEACHER, SHALL ALSO REPORT AT
ONCE TO THE SUPERINTENDENT, ATTENDANCE OFFICER, HOME AND SCHOOL
VISITOR, OR SECRETARY OF THE BOARD OF SCHOOL DIRECTORS OF THE
DISTRICT, ANY SUCH CHILD WHO HAS BEEN ABSENT THREE (3) DAYS, OR
THEIR EQUIVALENT, DURING THE TERM OF COMPULSORY ATTENDANCE,
WITHOUT LAWFUL EXCUSE. CHARTER AND CYBER CHARTER SCHOOLS SHALL
REPORT UNEXCUSED ABSENCES DIRECTLY TO THE DEPARTMENT OF
EDUCATION VIA THE ANNUAL PENNSYLVANIA INFORMATION MANAGEMENT
SYSTEM (PIMS) IN ACCORDANCE WITH POLICIES AND GUIDELINES
ESTABLISHED UNDER SECTION 1327.2.
SECTION 4. 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
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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
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,
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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
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
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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 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.
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"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.]
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 A FORM AND USE LANGUAGE THAT WOULD BE
CONSIDERED REASONABLY UNDERSTANDABLE 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.
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(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, UNLESS 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 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
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.
SECTION 5. 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 IS 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 OR COMMUNITY-BASED ATTENDANCE IMPROVEMENT
PROGRAM; OR
(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
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MAGISTERIAL DISTRICT JUDGE AGAINST THE PERSON IN PARENTAL
RELATION WITH THE CHILD WHO RESIDES IN THE SAME HOUSEHOLD AS THE
CHILD.
(B) WHEN A CHILD IS HABITUALLY TRUANT AND IS FIFTEEN (15)
YEARS OF AGE OR OLDER AT THE TIME OF REFERRAL, THE SCHOOL SHALL
EITHER:
(1) REFER THE CHILD TO A SCHOOL OR COMMUNITY-BASED
ATTENDANCE IMPROVEMENT PROGRAM; OR
(2) FILE A CITATION IN THE OFFICE OF THE APPROPRIATE
MAGISTERIAL DISTRICT JUDGE AGAINST THE CHILD OR THE PERSON IN
PARENTAL RELATION WITH THE CHILD WHO RESIDES IN THE SAME
HOUSEHOLD AS THE CHILD. JURISDICTION SHALL BE BASED ON THE
RESIDENCE OF THE CHILD.
(C) IF A CHILD CONTINUES TO INCUR ADDITIONAL UNEXCUSED
ABSENCES AFTER BEING REFERRED TO A SCHOOL OR COMMUNITY-BASED
ATTENDANCE IMPROVEMENT PROGRAM OR REFUSES TO PARTICIPATE IN A
SCHOOL 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 IF THE
CHILD IS FIFTEEN (15) YEARS OF AGE OR OLDER.
(D) WHEN REFERRING A CASE TO THE COUNTY CHILDREN AND YOUTH
AGENCY OR THE MAGISTERIAL DISTRICT COURT BECAUSE THE 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 SHALL BE THE LOCATION OF THE
SCHOOL IN WHICH THE CHILD IS ENROLLED OR SHOULD BE ENROLLED
EXCEPT WHERE SECTION 1327.2(C) APPLIES.
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(B) WHEN A CITATION IS FILED AGAINST A CHILD OR A PERSON IN
PARENTAL RELATION WITH THE CHILD WHO RESIDES IN THE SAME
HOUSEHOLD AS THE CHILD UNDER SECTION 1333.1, THE MAGISTERIAL
DISTRICT JUDGE SHALL PROVIDE THE FOLLOWING NOTICES:
(1) NOTICE OF THE HEARING IN WRITING TO THE SCHOOL, THE
PERSON IN PARENTAL RELATION, THE CHILD AND THE COUNTY CHILDREN
AND YOUTH AGENCY; AND
(2) NOTICE TO THE CHILD OR PERSON IN PARENTAL RELATION WITH
THE CHILD 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).
(C) AT THE HEARING THE BURDEN IS ON THE SCHOOL TO PROVE
BEYOND A REASONABLE DOUBT THAT THE CHILD WAS HABITUALLY TRUANT
IN NONCOMPLIANCE WITH THE COMPULSORY SCHOOL ATTENDANCE
REQUIREMENTS.
(D) THE FOLLOWING 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 IS AVAILABLE:
(1) 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.
(2) AN AFFIRMATIVE DEFENSE UNDER THIS SUBSECTION MUST BE
PROVEN BY A PREPONDERANCE OF THE EVIDENCE.
(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 CHILD'S SCHOOL
ATTENDANCE AFTER THE CITATION HAS BEEN FILED AND WHILE THE
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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
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) FOR EACH CITATION
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
CHILD ATTENDS SCHOOL IN ACCORDANCE WITH A PLAN DEVISED BY THE
COURT.
(C) A PERSON CONVICTED OF AN OFFENSE 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 AS ANY OTHER APPEAL OF A SUMMARY
CONVICTION.
(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,
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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
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 OR UPON WILLFUL FAILURE TO
COMPLY WITH A PAYMENT PLAN, THE COURT MAY, AFTER FINDING THAT
THE PERSON HAS THE ABILITY TO PAY THE FINANCIAL OBLIGATION
IMPOSED, IMPOSE COMMUNITY SERVICE. 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
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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) IF A CHILD IS CONVICTED OF A VIOLATION OF THIS SECTION,
THE FOLLOWING MAY OCCUR:
(1) THE COURT MAY TRANSMIT TO 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.
(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 AN
OFFENSE UNDER THIS SECTION. THE DEPARTMENT OF TRANSPORTATION
SHALL SUSPEND THE CHILD'S OPERATING PRIVILEGES FOR SIX (6)
MONTHS UPON RECEIVING A CERTIFIED RECORD THAT THE CHILD WAS
CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE UNDER THIS SECTION.
(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
CLAUSE (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 CLAUSE (2).
(4) THE DEPARTMENT OF TRANSPORTATION MAY RESTORE THE LICENSE
OR ELIGIBILITY OF A CHILD WHOSE DRIVING PRIVILEGE HAS BEEN
SUSPENDED OR WHOSE ELIGIBILITY FOR A PERMIT OR LICENSE IS
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DELAYED UNDER THIS SECTION. THE DEPARTMENT OF TRANSPORTATION
SHALL MAKE THIS RESTORATION WITH A FORM THAT IT DEVELOPS. THE
FORM SHALL CONTAIN CERTIFICATIONS PROVIDED BY THE CHILD'S SCHOOL
IN THE FORM OF A CERTIFIED RECORD THAT THE CHILD:
(I) HAS ATTENDED SCHOOL WITHOUT AN UNEXCUSED ABSENCE OR AN
UNEXCUSED TARDY FOR A PERIOD OF AT LEAST TWO (2) MONTHS AFTER
THE FIRST CONVICTION OR FOUR (4) MONTHS AFTER THE SECOND OR
SUBSEQUENT CONVICTION.
(II) HAS NO SCHOOL DISCIPLINARY ACTIONS PENDING AND HAS BEEN
SUBJECT TO NO DISCIPLINARY SANCTION DURING THE PERIOD DESCRIBED
UNDER SUBCLAUSE (I).
(III) IS ATTENDING AND PASSING ALL CLASSES.
(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 BECAUSE OF A SUSPENSION UNDER THIS SECTION.
SECTION 6. SECTION 1338.1 OF THE ACT 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.
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
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(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).
(C) AN INSURER MAY NOT INCREASE PREMIUMS, IMPOSE ANY
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 7. THE AMENDMENT, ADDITION OR REPEAL OF THE
FOLLOWING PROVISIONS SHALL APPLY TO SCHOOL YEARS WHICH BEGIN AT
LEAST NINE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION:
(1) SECTION 1326 OF THE ACT.
(2) SECTION 1327.2 OF THE ACT.
(3) SECTION 1332 OF THE ACT.
(4) SECTION 1333 OF THE ACT.
(5) SECTION 1333.1 OF THE ACT.
(6) SECTION 1333.2 OF THE ACT.
(7) SECTION 1338.1 OF THE ACT.
SECTION 8. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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