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§ 13-1333. Procedure when child is truant

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
§ 13-1333. Procedure when child is truant
Currentness
<For applicability of the amendment of § 13-1333 by Act 2016, Nov. 3, P.L. 1061, No. 138, § 5, see Act 2017, Nov. 6, P.L. 1142, No. 55, § 21.>
(a) When a child is truant, the school shall notify in writing the person in parental relation with the child who resides in the same household as the child of the child's violation of compulsory school attendance within ten (10) school days of the child's third unexcused absence. The notice:
(1) shall include a description of the consequences that will follow if the child becomes habitually truant;
(2) shall be in the mode and language of communication preferred by the person in parental relation;
(3) may include the offer of a school attendance improvement conference; or
(4) when transmitted to a person who is not the biological or adoptive parent, shall also be provided to the child's biological or adoptive parent if the parent's mailing address is on file with the school and the parent is not precluded from receiving the information by court order.
(b) If the child continues to incur unexcused absences after the school has issued the notice under subsection (a), the school shall then offer by advance written notice a school attendance improvement conference to the child and the person in parental relation, unless a conference was previously held following the notice provided under subsection (a). The following shall apply:
(1) This subsection does not place a legal requirement upon the child or person in parental relation to attend the conference. The conference shall occur even if the person in parental relation declines to participate or fails to attend the scheduled conference after advance written notice and attempts to communicate via telephone.
(2) The outcome of the conference shall be documented in a written school attendance improvement plan. The department shall develop a form to be used for this purpose, and each school shall use a form substantially similar to the form developed by the department.
(3) Further legal action may not be taken by the school to address unexcused absences by the child until after the date for the scheduled school attendance improvement conference has passed.
(c) Schools shall not expel or impose out-of-school suspension, disciplinary reassignment or transfer for truant behavior.
(d) Nothing in this section shall be construed to apply to a parent, guardian or person in parental relation whose child or children are in a home education program under section 1327.1.1

Credits

1949, March 10, P.L. 30, No. 14, art. XIII, § 1333. Amended 1970, Jan. 14, P.L. (1969) 468, § 47, effective July 1, 1970; 1970, May 4, P.L. 326, No. 103, § 1; 1995, Nov. 17, P.L. 1110, No. 29 (Spec. Sess. No. 1), § 1, imd. effective; 2016, Nov. 3, P.L. 1061, No. 138, § 5, imd. effective.

Footnotes

1
24 P.S. § 13-1327.1.
24 P.S. § 13-1333, PA ST 24 P.S. § 13-1333
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document