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 violating compulsory attendance
7and for suspension of operating privilege.

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

10Section 1. Sections 1333(b) and 1338.1 of the act of March
1110, 1949 (P.L.30, No.14), known as the Public School Code of
121949, amended or added November 17, 1995 (1st Sp.Sess.,
13P.L.1110, No.29), are amended to read:

14Section 1333. Penalties for Violation of Compulsory
15Attendance Requirements.--* * *

16(b) The following apply:

17(1) If the parent, guardian or person in parental relation 
18is not convicted of a summary offense because he or she took 
19every 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 justice 
14may allege the child to be dependent under 42 Pa.C.S. § 6303(a)
15(1) (relating to scope of chapter). The failure by the child to 
16[pay a fine or] comply with the adjudication alternative program 
17shall not constitute a delinquent act under 42 Pa.C.S. Ch. 63 
18(relating to juvenile matters).

19(3) Upon a summary conviction or assignment to an
20adjudication alternative program, the district justice may
21suspend, in whole or in part, a sentence or an adjudication
22alternative program in which a child who has attained the age of
23thirteen (13) years must pay or comply with the adjudication
24alternative program: Provided, That the child no longer is
25habitually truant from school without justification.

26(4) Any child who has not attained the age of thirteen (13) 
27years who fails to comply with the compulsory attendance 
28provisions of this act and is habitually truant shall be 
29referred by the school district for services or possible 
30disposition as a dependent child as defined under 42 Pa.C.S. § 

16302 (relating to definitions). Any child who has attained the 
2age of thirteen (13) years who fails to comply with the 
3compulsory attendance provisions of this act and is habitually 
4truant may, in lieu of a prosecution under clause (1), be 
5referred by the school district for services or possible 
6disposition as a dependent child as defined under 42 Pa.C.S. § 
76302.

8(5) The following words, when used in this subsection, shall
9have the following meaning, except where the context clearly
10indicates or requires a different meaning:

11"Community resources" shall mean those agencies and services
12for children and youth provided by the juvenile court, the
13county, the Department of Health, the Department of Public
14Welfare and other public or private institutions.

15"District justice" shall mean such court as the court of
16common pleas shall direct in counties not having district
17justices.

18"Habitually truant" shall mean absence for more than three
19(3) school days or their equivalent following the first notice
20of truancy given under section 1354. A person may be habitually
21truant after such notice.

22"Offense" shall mean each citation which goes before a
23district justice or court of common pleas.

24"Person in parental relation" shall not include any county 
25agency or person acting as an agent of the county agency in the 
26jurisdiction of a dependent child defined under 42 Pa.C.S. § 
276302 (relating to definitions).

28* * *

29Section 1338.1. Suspension of Operating Privilege.--(a) (1)
30The Department of Transportation shall suspend for 90 days the

1operating privilege of any child upon receiving a certified
2record that the child was convicted of violating section 1333.
3If the department receives a second or subsequent conviction for
4a child's violation of section 1333, the department shall
5suspend the child's operating privilege for six months.

6(2) The Department of Transportation shall restore operating
7privileges prior to expiration of the period of suspension when
8an individual otherwise eligible for restoration provides such
9proof as the Department of Transportation may require that the
10individual has completed high school, obtained a general
11educational development (GED) diploma or attained twenty-one
12(21) years of age.

13(b) Any child whose record is received by the department 
14under section 1333(c) and who does not have a driver's license 
15shall be ineligible to apply for a driver's license under 75 
16Pa.C.S. §§ 1505 (relating to learners' permits) and 1507 
17(relating to application for driver's license or learner's 
18permit by minor) for the time periods specified in subsection 
19(a). If the child is under sixteen (16) years of age when 
20convicted, suspension of operating privileges shall commence in 
21accordance with 75 Pa.C.S. § 1541 (relating to period of 
22revocation or suspension of operating privilege) for the time 
23specified in subsection (a).

24(c) An insurer may not increase premiums, impose any
25surcharge or rate penalty or make any driver record point
26assignment for automobile insurance, nor shall an insurer cancel
27or refuse to renew an automobile insurance policy on account of
28a suspension under this section.

29Section 2. This act shall take effect in 60 days.