TRUANCY
Pennsylvania law requires every child of compulsory school age to attend school.
Compulsory school attendance age is that period of a child's life from the time the child's
parents or guardians elect to have them enter school, which shall not be later than at the age
of eight (8) years, until the age of seventeen (17) years. It does not include any child
who holds a certificate of graduation from a regularly accredited senior high school.
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Compulsory school attendance requirements may be met by attending the public schools, by engaging
in one of the educational alternatives to public school attendance or by exercising one of the
standard exemptions. Educational alternatives to public school attendance include enrollment in
non-public schools, involvement in a tutoring program approved by the District Superintendent,
participation in a home education program conducted by a parent under certain mandated conditions,
enrollment of students who are 15 or 16 years old in a private trade or business school or enrollment
in an approved college by a senior high school student prior to graduation. Standard exemptions
to compulsory school attendance include regular, full-time employment under a certificate or work permit
under circumstances provided in the law. Truancy has been defined as - leaving school during
school hours without school authorization or absence from school other than those defined as legally
excused. Truancy may be categorized as unexcused or illegal absences. Unlawful absences of a child of
compulsory school age without justifiable reason shall constitute an illegal absence. When a child beyond
compulsory school age is absent without justifiable reasons, the absence is unexcused but not illegal.
Teachers and principals are required to report to the superintendent when a child of compulsory school age
receives three illegal absences. Upon verification of the illegal absences, a written notice is sent to the
parents which must contain the dates of the absences, the statement that they were illegal, that the absences
represented a violation of compulsory attendance law, a warning that such violation represents a summary
offense and carries a penalty, and that the school district intends to proceed against the parent and
child without notice if another illegal absence occurs. Upon the next illegal absence, the school district
may initiate compulsory attendance violation proceedings before the local district justice. When a
compulsory attendance violation proceeding is commenced by the school district, both the parent and the
child will be required to appear at a hearing before the district justice. Pennsylvania law may impose a
fine on parents for truancy at up to $300 and requires parents to pay court costs or be sentenced to
complete a parenting education program. If the parents show that they took reasonable steps to ensure
the attendance of the child, they will not be convicted of a summary offense. If the parents are not
convicted and the child continues to be truant, the child may be fined up to $300 or be assigned to
an adjudication alternative program. A district justice is permitted to suspend a sentence
given to a parent or child if the child is no longer habitually truant. District justices may also
order the parents to perform community service for up to six months. Truant juveniles may have
their Pennsylvania motor vehicle operating privileges removed for 90 days for a first offense and 6
months for a second offense. Juveniles who are unlicensed are prohibited from applying for a learner's permit
for 90 days for a first offense and 6 months for a second offense, commencing on their 16th birthday.
After a first notice of illegal absence has been sent to the parent and child, no further notice shall be
required in order for a school district to prosecute future absences. Each illegal absence after the initial
notice can be treated as a separate offense.
Pennsylvania law also makes it a crime to aid and abet truancy. People found to have enticed or encouraged
minors to be truant will have committed a summary offense. A subsequent violation within one year is a third
degree misdemeanor.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
