PRINTER'S NO. 1616
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1231
Session of
2015
INTRODUCED BY D. COSTA, DeLUCA, BARBIN, YOUNGBLOOD, PASHINSKI,
THOMAS, MULLERY, McNEILL, O'BRIEN, D. MILLER, GERGELY,
RAVENSTAHL, COHEN AND MAHONEY, MAY 18, 2015
REFERRED TO COMMITTEE ON EDUCATION, MAY 18, 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; and, in charter schools, providing
for attendance and enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1333(a)(1) and (b)(4) 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 fail to
comply with the provisions of this act regarding compulsory
attendance, shall on summary conviction thereof, be sentenced to
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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, except that the duty to give
written notice shall not apply in the case of a child enrolled
in a charter school or cyber charter school. 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) * * *
(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
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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. This paragraph shall not apply to a child enrolled in a
charter school or cyber charter school.
* * *
Section 2. The act is amended by adding sections to read:
Section 1723.1-A. Attendance and Enforcement.--(a)
Notwithstanding any other duty imposed under section 1332, a
principal or teacher in a charter school shall report at once to
the administrator of the charter school any child between six
(6) and eighteen (18) years of age enrolled in the charter
school who has been absent three (3) days, or their equivalent,
during the term of compulsory attendance without lawful excuse.
(b) (1) Before any proceedings are instituted under section
1333 against any parent, guardian or person in parental
relation, having control or charge of any child or children of
compulsory school age enrolled in a charter school, who shall
fail to comply with the provisions of this act regarding
compulsory attendance, the administrator of the charter school
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
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be liable under the provisions of section 1333 without further
notice.
(2) Any child enrolled in a charter school 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 administrator of the
charter school for services or possible disposition as a
dependent child as defined under 42 Pa.C.S. § 6302 (relating to
definitions). Any child enrolled in a charter school 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 administrator of the charter school for
services or possible disposition as a dependent child as defined
under 42 Pa.C.S. § 6302.
(3) Except as otherwise provided in this section, the
provisions of section 1333 shall apply to any parent, guardian
or person in parental relation having control or charge of any
child or children of compulsory school age enrolled in a charter
school and any child enrolled in a charter school.
Section 1748.1-A. Attendance and enforcement.
(a) General rule.--Notwithstanding any other duty imposed
under section 1332, a principal or teacher in a cyber charter
school shall report at once to the administrator of the cyber
charter school any child between 6 and 18 years of age enrolled
in the cyber charter school who has been absent three days, or
their equivalent, during the term of compulsory attendance
without lawful excuse.
(b) Notice and referral for services or dependency
disposition.--
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(1) Before any proceedings are instituted under section
1333 against any parent, guardian or person in parental
relation, having control or charge of any child or children
of compulsory school age enrolled in a cyber charter school,
who shall fail to comply with the provisions of this act
regarding compulsory attendance, the administrator of the
cyber charter school shall give the offending person three
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 section 1333 without further notice.
(2) Any child enrolled in a cyber charter school who has
not attained the age of 13 years who fails to comply with the
compulsory attendance provisions of this act and is
habitually truant shall be referred by the administrator of
the cyber charter school for services or possible disposition
as a dependent child as defined under 42 Pa.C.S. § 6302
(relating to definitions). Any child enrolled in a cyber
charter school who has attained the age of 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 paragraph (1), be referred by the administrator of the
cyber charter school for services or possible disposition as
a dependent child as defined under 42 Pa.C.S. § 6302.
(3) Except as otherwise provided in this section, the
provisions of section 1333 shall apply to any parent,
guardian or person in parental relation, having control or
charge of any child or children of compulsory school age
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enrolled in a cyber charter school and any child enrolled in
a cyber charter school.
Section 3. This act shall take effect in 60 days.
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