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§ 13-1333.2. Procedure upon filing of citation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: November 3, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XIII. Pupils and Attendance (Refs & Annos)
Subarticle (b). Enforcing Attendance
Effective: November 3, 2016
24 P.S. § 13-1333.2
§ 13-1333.2. Procedure upon filing of citation
<For applicability of the addition of § 13-1333.2 by Act 2016, Nov. 3, P.L. 1061, No. 138, § 6, see Act 2017, Nov. 6, P.L. 1142, No. 55, § 21.>
(a) The venue for the filing of a citation under section 1333.11 shall be based on the location of the school in which the child is enrolled or shall be enrolled except where section 1327.2(b)2 applies.
(b) When a citation is filed against a child or a person in parental relation who resides in the same household as the child under the provisions of section 1333.1, the judge shall provide the following notices:
(1) Written notice of the hearing with respect to the citation to the school, the person in parental relation, the child and the county children and youth agency.
(2) Notice to the child or person in parental relation who resides in the same household as the child of the availability of a preconviction diversionary program authorized under 42 Pa.C.S. § 1520 (relating to adjudication alternative program).
(c) At the hearing with respect to the citation, the burden is on the school to prove beyond a reasonable doubt that, while subject to compulsory school attendance, the child was habitually and without justification truant from school.
(d) It shall be an affirmative defense to a citation filed under this subdivision of this article against a person in parental relation to the child who resides in the same household as the child if the person in parental relation to the child who resides in the same household as the child took every reasonable step to ensure attendance of the child at school.
(e) An affirmative defense under subsection (d) must be proven by a preponderance of the evidence.
(f) The court shall determine whether the evidence has established that a child or person in parental relation has violated the compulsory school attendance requirements of this article and shall enter that verdict on the record.
(g) The school shall, to the extent possible, inform the court of any prior conviction of the child or person in parental relation who resides in the same household as the child for a violation of the compulsory school attendance requirement of this article.
(h) Before entering a sentence the judge shall permit the school, person in parental relation or child to present relevant information that will assist the judge in making an informed decision regarding the appropriate sentence. The child's school attendance after the citation has been filed and while the proceeding is pending may be considered for the purpose of imposing a sentence.

Credits

1949, March 10, P.L. 30, No. 14, art. XIII, § 1333.2, added 2016, Nov. 3, P.L. 1061, No. 138, § 6, imd. effective.

Footnotes

24 P.S. § 13-1333.1.
24 P.S. § 13-1327.2.
24 P.S. § 13-1333.2, PA ST 24 P.S. § 13-1333.2
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document