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 penalties for violation of compulsory
7attendance requirements.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

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

14Section 1333. Penalties for Violation of Compulsory
15Attendance Requirements.--(a) (1) Every parent, guardian, or
16person in parental relation, having control or charge of any
17child or children of compulsory school age, who shall fail to
18comply with the provisions of this act regarding compulsory
19attendance, shall on summary conviction thereof, be sentenced to
20pay a fine, for the benefit of the school district in which such

1offending person resides, not exceeding three hundred dollars
2($300) and to pay court costs or be sentenced to complete a
3parenting education program offered and operated by a local
4school district, medical institution or other community
5resources[, and, in default of the payment of such fine and
6costs or completion of the parenting program by the person so
7offending, shall be sentenced to the county jail for a period
8not exceeding five (5) days]. Any person sentenced to pay any
9such fine may appeal to the court of common pleas of the proper
10county, upon entering into a recognizance, with one or more
11proper sureties, in double the amount of penalty and costs.
12Before any proceedings are instituted against any parent,
13guardian, or person in parental relation, for failure to comply
14with the provisions of this act, the district superintendent,
15attendance officer, or secretary of the board of school
16directors, shall give the offending person three (3) days'
17written notice of such violation. If, after such notice has been
18given, the provisions of this act regarding compulsory
19attendance are again violated by the persons so notified, at any
20time during the term of compulsory attendance, such person, so
21again offending, shall be liable under the provisions of this
22section without further notice.

23(2) The child and every parent, guardian or person in
24parental relation must appear at a hearing established by the
25magisterial district [justice] judge. If the parent, guardian or
26person in parental relation charged with a summary offense under
27this subsection shows that he or she took every reasonable step
28to insure attendance of the child at school, he or she shall not
29be convicted of the summary offense.

30(3) Upon a summary conviction, the magisterial district

1[justice] judge may suspend, in whole or in part, a sentence in
2which a parent, guardian or person in parental relation is
3summoned to pay as required under this section: Provided, That
4the child no longer is habitually truant from school without
5justification.

6(4) In lieu of or in addition to any other sentence imposed
7under this section, the magisterial district [justice] judge may
8order the parent, guardian or person in parental relation to
9perform community service in the school district in which the
10offending child resides for a period not to exceed six (6)
11months.

12(5) (i) Except as part of an individualized truancy
13elimination plan provided for in this paragraph, a school
14district shall not refer a child for services or possible
15disposition as a dependent child under 42 Pa.C.S. § 6302
16(relating to definitions) unless the school district has
17exercised due diligence in its attempts to compel the child's
18compliance with the compulsory attendance provisions of this
19act, and shall not refer a case to a magisterial district judge
20under this section unless it has exercised such due diligence.
21Due diligence shall include development of an individualized
22truancy elimination plan developed cooperatively with teachers
23and appropriate school personnel through a conference with the
24child's family following the first notice of truancy given under
25section 1354.

26(ii) The truancy elimination plan developed through the
27conference with the child's family shall assess and identify the
28causes of truancy and include a mutually agreed-upon plan to
29assure regular school attendance. The truancy elimination plan
30shall include best practices in truancy prevention. The plan may

1include referring the child and family to evidence-based
2intervention programs for at-risk children and families.

3(iii) If the child's family refuses to participate in the
4development of a truancy elimination plan, due diligence shall
5include the development of a truancy elimination plan for the
6child by the school district and documentation of the school
7district's efforts to include the family in the development of
8the plan.

9(b) (1) If the parent, guardian or person in parental
10relation is not convicted of a summary offense because he or she
11took every reasonable step to insure attendance of the child at
12school, a child of compulsory school age who has attained the
13age of thirteen (13) years and fails to comply with the
14provisions of this act regarding compulsory attendance or who is
15habitually truant from school without justification commits a
16summary offense and except as provided in clause (4) shall, upon
17conviction, be sentenced to pay a fine not exceeding three
18hundred dollars ($300) for each offense for the benefit of the
19school district in which such offending child resides or shall
20be assigned to an adjudication alternative program pursuant to
2142 Pa.C.S. § 1520 (relating to adjudication alternative
22program).

23(2) For any child who has attained the age of thirteen (13)
24years who fails to pay the fine under clause (1) or to comply
25with the adjudication alternative program, the magisterial
26district [justice] judge may allege the child to be dependent
27under 42 Pa.C.S. § 6303(a)(1) (relating to scope of chapter).
28The failure by the child to pay a fine or comply with the
29adjudication alternative program shall not constitute a
30delinquent act under 42 Pa.C.S. Ch. 63 (relating to juvenile

1matters).

2(3) Upon a summary conviction or assignment to an
3adjudication alternative program, the magisterial district
4[justice] judge may suspend, in whole or in part, a sentence or
5an adjudication alternative program in which a child who has
6attained the age of thirteen (13) years must pay or comply with
7the adjudication alternative program: Provided, That the child
8no longer is habitually truant from school without
9justification.

10(4) Any child who has not attained the age of thirteen (13)
11years who fails to comply with the compulsory attendance
12provisions of this act and is habitually truant shall be
13referred by the school district for services or possible
14disposition as a dependent child as defined under 42 Pa.C.S. § 
156302 (relating to definitions). Any child who has attained the
16age of thirteen (13) years who fails to comply with the
17compulsory attendance provisions of this act and is habitually
18truant may, in lieu of a prosecution under clause (1), be
19referred by the school district for services or possible
20disposition as a dependent child as defined under 42 Pa.C.S. § 
216302.

22(5) The following words, when used in this subsection, shall
23have the following meaning, except where the context clearly
24indicates or requires a different meaning:

25"Community resources" shall mean those agencies and services
26for children and youth provided by the juvenile court, the
27county, the Department of Health, the Department of Public
28Welfare and other public or private institutions.

29["District justice" shall mean such court as the court of
30common pleas shall direct in counties not having district

1justices.]

2"Habitually truant" shall mean absence for more than three
3(3) school days or their equivalent following the first notice
4of truancy given under section 1354. A person may be habitually
5truant after such notice.

6"Magisterial district judge" shall mean such court as the
7court of common pleas shall direct in counties not having
8magisterial district judges.

9"Offense" shall mean each citation which goes before a
10magisterial district [justice] judge or court of common pleas.

11"Person in parental relation" shall not include any county
12agency or person acting as an agent of the county agency in the
13jurisdiction of a dependent child defined under 42 Pa.C.S. § 
146302 (relating to definitions).

15(c) If a child is convicted for a violation of this section,
16the court, including a court not of record, shall send to the
17Department of Transportation a certified record of the
18conviction or other disposition on a form prescribed by the
19department.

20(d) Nothing in this section shall be construed to apply to a
21parent, guardian or person in parental relation whose child or
22children are in a home education program under section 1327.1.

23Section 2. This act shall take effect in 60 days.