1. TRUANCY LAW Michael R. Muth

2. MONROE COUNTY TRUANCY 2012-13 2011-12 2010-11 EAST STROUDSBURG AREA Enrollment757376667851 Habitual Truants9308371121 Truancy Rate12.2810.9214.28 PLEASANT VALLEY Enrollment543556365786 Habitual Truants2410 Truancy Rate0.040.070.17 POCONO MOUNTAIN Enrollment981410,17610,693 Habitual Truants657532940 Truancy Rate6.695.238.79 STROUDSBURG AREA Enrollment518554525568 Habitual Truants436883449 Truancy Rate8.4116.208.06

4. WHAT WE WILL COVER Review existing Truancy law Procedure before filing a citation Procedure in Court Cases after filing a citation

5. COMPULSORY ATTENDANCE 24 P.S.§ 13-1327 22 Pa. Code Chapter 11 180 Days of school per year Legal resident of Pa. 8 -17 or graduation

6. COVERS CYBER SCHOOLS

7. EXCEPTIONS Private trade or business school Post secondary institution full time prior to graduation Religious school 16 and employment certificate and full time job “unable to profit from further attendance”

9. EXCEPTIONS 14-15 and farm or domestic work (conditions) Privately tutored or home schooled 24 P.S. § 13-1330

11. DEFINITIONS HABITUALLY TRUANT 24 P.S.§ 13-1333(b)(5) Absence from school for more than 3 school days following first notice of truancy

12. PROCEDURE BEFORE A CITATION Child is absent from school for more than 3 days without justification School serves written notice and Develops Truancy Elimination Plan (TEP) Child is again absent without justification School sets up meeting with Court Meeting with Judge (Common Pleas or MDJ)

14. MEETING WITH THE JUDGE No citation filed Group meeting explaining law/punishment Individual sessions School Admin, Truancy officer C&YS Parents AND child must attend Review attendance records, grades, etc. Parental concerns addressed

15. I CAN’T WAKE HIM UP

16. THERE ARE SERIOUS MEDICAL ISSUES NO ONE UNDERSTANDS

17. WHAT? THERE’S A RECEIPT!

18. FILING A CITATION If child is absent again after meeting with judge without justification. School discretion as to how many and when. Multiple dates on one citation OK, but limits punishment options. Multiple citations OK, but remember costs.

19. CITATION AGAINST PARENT, CHILD OR BOTH Parent(s) Child over age 13 Both, if appropriate.

20. ACTIONS BY MDJ COURT Citation entered into statewide computer system. Copy mailed out to Defendant. Pleas????? Trial/Hearing scheduled.

21. CITATIONS FILED IN MONROE COUNTY Counts of Truancy Violations filed in Monroe County during 2010, 2011, 2012 and 2013. 2010201120122013Grand Total ANZINI516 13-1333516 A1 - Violation Of Compulsory Attendance Req Parent, Etc516 MUTH28212 13-133328212 A1 - Violation Of Compulsory Attendance Req Parent, Etc28212 FLUEGEL65866358272 13-133365866358272 A1 - Violation Of Compulsory Attendance Req Parent, Etc65815856260 B1 - Violation Of Compulsory Attendance Req Child55212 HIGGINS20384326127 13-133320384326127 A1 - Violation Of Compulsory Attendance Req Parent, Etc20384326127 OLSEN327719 13-1333327719 A1 - Violation Of Compulsory Attendance Req Parent, Etc327719 MANCUSO3366244292635 13-132722 A - Compulsory School Attendance22 13-13333366244290633 B1 - Violation Of Compulsory Attendance Req Child3366244290633 GERMANO224 13-1333224 A1 - Violation Of Compulsory Attendance Req Parent, Etc224 REILLY921146870344 13-1333921146870344 A1 - Violation Of Compulsory Attendance Req Parent, Etc18541839129 B1 - Violation Of Compulsory Attendance Req Child74605031215 KRAWITZ514625 13-1327514322 A - Compulsory School Attendance514322 13-133333 A1 - Violation Of Compulsory Attendance Req Parent, Etc33 CLAYPOOL2452252094584 13-13332452252094584 A1 - Violation Of Compulsory Attendance Req Parent, Etc13562347 B1 - Violation Of Compulsory Attendance Req Child2322201471537 Grand Total4705504595492,028

23. ACTIONS BY MDJ Opportunity to work things out IF appropriate. If not, a full evidentiary hearing. Evidence rules apply. Burden is on School.

24. WHAT TO BRING Truancy officer or other school official with knowledge of case Attendance file –Copies of Notices sent –Any excuses received –Transcript TEP

25. ACTIONS BY MDJ COURT Role of the judge is different than at conferences. Did parent take every reasonable step to insure attendance. Due to earlier meeting with Judge, a lot of “garbage excuses” can be avoided. Verdict by MDJ.

28. PUNISHMENT OPTIONS 2 possible approaches –a. Proceed to sentencing hearing –b. Suspend sentencing hearing, upon student/parent complying with specific conditions stated by judge.

29. SANCTION FOR PARENTS Maximum $300.00 fine and court costs. Parenting education program (if they exist). Community service. If fail to comply, 5 days in jail per citation after Indigency Hearing.

30. SANCTIONS FOR STUDENTS Student less than 13 years…referral to C&YS for dependency. Student 13 or older: –Maximum $300.00 fine plus court costs per citation. –Referral to Delinquency Court if fine not paid. –Penn DOT license suspension. –May refer to C&YS for dependency. –Community Service, other creative punishments.

32. SPEAK LOUDLY AND CARRY A BIG STICK Court may suspend sanctions, in whole or in part, if student returns to school. The big threat for students…stressing punishment parents will receive if student doesn’t comply.

33. FOR THOSE HISTORY TEACHERS OUT THERE

34. BUT NOT TOO BIG Rivera v Lebanon School District (USDC, Pa. Middle District 2012) From 2004-2009, over 700 fines more than $300.00 Some as high as $9,000.00 Adjusted unpaid fines but no refunds…Court ordered restitution

35. MAYBE TOO BIG 18 P.S. §6301(a)(2) CORRUPTION OF MINORS –Any person who knowingly aids, abets entices or encourages a minor under 18 to commit truancy –1 st offense summary –2 nd offense in one year, M-3

36. RESOURCES Title 22 Pa. Code, Chapter 11, 12- Provide general provisions for compulsory school age and admission to school, temporary absences, excusals from public school and other related regulations, guidance for implementation of K-12 student services to meet student needs. 24 P.S., Section 13-1301 - Relates to enrollment of students. The Juvenile Act - Defines a “dependent” child as it relates to truancy. Pennsylvania’s Child Protective Services Law - Pennsylvania's law as it relates to services for truant students.

37. RESOURCES 24 P.S. 13-1333, Act 29 of 1995 - Describes the penalties for violation of compulsory attendance requirements. 18 PA CS, PA Crimes Code - The code as it relates to truancy and the corruption of minors. No Child Left Behind Act of 2001 (NCLB) - Outlines the need for collection of information on truancy rates as described in No Child Left Behind legislation. The Uniform Management Information and Reporting System (UMIRS) provisions of the No Child Left Behind Act (NCLB) require that states collect and report data on “truancy rates” at the school level. Family Educational Rights and Privacy Act (FERPA) - Addresses the privacy issues that must be considered by schools when dealing with student records and issues involving attendance and truancy.

38. QUESTIONS