Getting to Know Pennsylvania’s New Truancy Law Act 138 of 2016

Purpose to improve school attendance and deter truancy through an approach that identifies and addresses attendance issues as early as possible. Preserve the unity of the family Identify needs for services Punish a parent/guardian only as a last resort Cleary distinguish between truant and habitually truant

Definitions Compulsory school age refers to the period of a child's life from the time that they enter school (which may be no later than 8 years of age), until the age of 17 or graduation from High School, whichever occurs first.  Truant is defined as having three (3) or more school days of unexcused absence during the current school year by a child subject to the compulsory school attendance law.  Habitually truant is defined as having six (6) or more school days of unexcused absences during the current school year by a child subject to the compulsory school attendance law. 

Procedures when a Student is Truant Parents/guardians notified in writing within 10 days of 3rd absence, and parents must be invited to a Student Attendance Improvement Conference. School personnel, service providers, and any other person of interest to the child can be invited to this conference. This conference will be held in the absence of parent/guardian or student if they choose not to attend. No magistrate citation can take place without a student attendance improvement conference taking place first.

Procedures When a Student becomes Habitually Truant Under 15 years old 15 years or older School must (1) refer student to a school or community based attendance program, or (2) the county Children and Youth Agency The school may file a citation against the parent of a habitually truant student in magistrate court School must either (1) refer student to a school or community based attendance improvement program or (2) file a citation against the student OR the parent May refer to Children and Youth Agency for further action.

Consequences for Habitually Truant Students/Guardians District Judge can move to suspend a student’s drivers license privileges District Judge can fine a guardian/student for habitual truancy; (1) up to $300 per offense for first offense, (2) up to $500 for second offense, and (3) up to $750 for a third and additional offenses and in extreme cases can order jail time for a parent. Chronic absence at an early age can affect the student’s school experience for years to follow Absenteeism can adversely impact the student’s intellectual, emotional and social development U.S. Department of Education statistics indicate students who don’t attend school regularly are at risk to drop out and have lower wage earnings, experience more unemployment and are more likely to end up on welfare or in prison than students who complete high school or college. (www.education.pa.gov)

Tips for Parents Communicate with your child regularly about their school experiences. Note any changes in attitude regarding school. Explain the legal and educational consequences of poor attendance to your child. Access Skwyard regularly to monitor attendance and to be sure it is being documented accurately.

Tips for Parents Be familiar with the school policy and state laws on school attendance.  Refer to the student services section of the school website (www.berwicksd.org) and student handbook for further information concerning attendance policies and procedures. Get to know your child’s teachers, school counselors, and school administrators.  Maintain open lines of communication with them so that your child feels comfortable in the school setting.  Please contact school if you feel there is an issue with your student. Be aware of your student’s friends and classmates and get to know their parents.  Organize neighborhood car pools, bike riding groups, or walking groups to get to bus routes or school buildings.  Set a regular curfew time, bed time and wake time for your student(s) to ensure consistency throughout the school year.    Verify that all excuses for absences have been turned in by your child.  Direct any questions regarding excuses to the school staff.