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PRIOR PRINTER'S NOS. 125, 234
PRINTER'S NO. 691
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
141
Session of
2015
INTRODUCED BY GILLEN, BIZZARRO, V. BROWN, CALTAGIRONE, COHEN,
D. COSTA, COX, DAVIDSON, KAUFFMAN, KORTZ, MARSICO, O'NEILL,
RAPP, SANTORA, SCHLOSSBERG, WATSON, GIBBONS AND ROZZI,
JANUARY 21, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 24, 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 violations of compulsory
attendance requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1333(a)(1) and (b)(5) 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),
are 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
intentionally fail to comply with the provisions of this act
regarding compulsory attendance, shall on summary conviction
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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, or perform community service, and, in
default of the payment of such fine and costs or completion of
the parenting program or failure to complete community service
by the person so offending, [shall] may 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.
* * *
(b) * * *
(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
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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 and within a twelve-month
period. 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.
"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. ยง
6302 (relating to definitions).
* * *
Section 2. This act shall take effect in 60 days.
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