PRINTER'S NO. 19
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
36
Session of
2015
INTRODUCED BY WILLIAMS, HUGHES, COSTA, FONTANA AND FARNESE,
JANUARY 14, 2015
REFERRED TO EDUCATION, JANUARY 14, 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 definitions, for reports of enrollments,
attendance and withdrawals and public and private schools and
for penalties for violation of compulsory attendance
requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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.--The [term "compulsory school
age," as hereinafter used, shall mean the] following words and
phrases as used in this subdivision shall have the meanings
given to them in this section unless the context clearly
indicates otherwise:
"Chronically truant" shall mean the condition of being absent
from school without lawful excuse after being so absent for ten
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(10) school days or their equivalent during a school year and
after a first notice of truancy is sent for that school year.
"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 senior high school.
[The term "migratory child," wherever used in this
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 who
is so domiciled.
Section 2. 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.--(a) 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) 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
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such district superintendent, or 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.
(b) 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.
(c) Pursuant to the Family Educational Rights and Privacy
Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) and 34 CFR §
99.31 (relating to under what conditions is prior consent not
required to disclose information?), if a district attorney
requests records from a school entity for use in a community-
based antitruancy program, the school entity shall provide the
district attorney with any of the following:
(1) Attendance records of any student under its
jurisdiction.
(2) Truancy records of any student under its jurisdiction.
(3) A list of all chronically truant students under its
jurisdiction.
(d) A district attorney who obtains records or other
information under this section may keep the records or other
information through the end of the current school year and for
two (2) consecutive school years thereafter. A district attorney
shall destroy the records or other information after two (2)
consecutive school years.
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(e) The following words and phrases as used in this section
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Records." A record that includes any of the following
information relating to a student:
(1) The name of the student.
(2) The name of the student's parent, guardian or person in
parental relation.
(3) The telephone numbers of the student and the student's
parent, guardian or person in parental relation.
(4) The address of the student and the student's parent,
guardian or person in parental relation.
(5) The student's date of birth.
"School entity." A public school, charter school, cyber
charter school or private school.
"Students." A child who has not attained the age of fourteen
(14) years and is subject to compulsory attendance requirements.
Section 3. Section 1333(a) of the act is amended by adding a
clause to read:
Section 1333. Penalties for Violation of Compulsory
Attendance Requirements.--(a) * * *
(5) A person who:
(i) is a parent, guardian or person in parental relation to
a child who has not attained the age of fourteen (14) years and
is chronically truant; and
(ii) fails to participate in a community-based antitruancy
program;
commits a violation of 18 Pa.C.S. § 4304 (relating to
endangering the welfare of children).
* * *
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Section 4. This act shall take effect in 60 days.
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