Truancy Laws In Pa: Do They Apply To 18-Year-Olds?

In Pennsylvania, truancy laws apply to students aged 6 to 18. While the laws primarily target parents, guardians, or any person in a parental relationship with the child, it is essential to understand how these laws work and the consequences of non-compliance. This is especially relevant when considering alternative education methods or dealing with issues like bullying that may cause a child's reluctance to attend school.

Truancy laws in Pennsylvania

Pennsylvania has strict laws regarding school attendance for children of compulsory school age. These laws, known as truancy laws, allow law enforcement to intervene if a child accumulates too many unexcused absences. While truancy is a common issue, with most students missing a day or two of school, the state of Pennsylvania takes school attendance seriously.

Compulsory School Age

In Pennsylvania, children of compulsory school age are between 6 and 18 years old. This means that truancy laws apply to any student within this age range. Children who are 16 years or older and work full-time during school hours are exempt from compulsory school attendance. However, they must obtain an "employment certification" from their school district.

Truancy Definition

Truancy is defined as "three or more school days of unexcused absence during the current school year by a child subject to compulsory school attendance." A child is considered "habitually truant" when they accumulate six unexcused absences within a given school year. These absences do not need to be consecutive and can occur at any time during the school year.

Unexcused Absences

Each school district has its own policies regarding excused and unexcused absences. Generally, absences due to illness, family emergencies, medical appointments, or educational activities are considered excusable. However, absences for family vacations or travel may not be excused, and it is important to check with the school's attendance policy. An unexcused absence is any absence without a valid excuse submitted to the school within three days.

Procedures for Truant Children

Pennsylvania law has different procedures for truant children and habitually truant children. For truant children, schools are required to notify parents or guardians in writing within ten school days of the child's third unexcused absence. This notification must include information about the consequences of habitual truancy and the offer of an attendance improvement conference.

For habitually truant children, the procedure differs based on age. Children under 15 years old are referred to an attendance improvement program or the county children and youth agency. The school may also file a citation against the parent in court. For children 15 years and older, the school must refer them to an attendance improvement program or the county children and youth agency.

Consequences of Truancy

The consequences of truancy can be severe. Parents or guardians of truant children may be ordered to pay fines of up to $300, complete a parenting education program, or perform community service. In some cases, parents may even be sentenced to jail for up to five days if they fail to comply with the court's orders. Additionally, students who continue to be truant may have their driver's license suspended for up to six months, or their eligibility to apply for a license delayed.

Addressing Truancy

It is important to address truancy issues as early as possible. Parents should communicate with their child's school and teachers to understand the reasons for their absences and work together to resolve any issues. If notified of an unexcused absence, parents should provide a valid excuse or work with the school to address any potential problems. If the situation persists and an attendance improvement conference is required, it is crucial to attend and tackle the issues affecting the child's attendance.

Compulsory school age

In Pennsylvania, children of "compulsory school age" between the ages of 8 and 17 must attend either a regular public school, a charter school, a licensed private school, or an approved homeschooling program. The caregiver of the child has a legal duty to ensure that the child attends school. However, there are exceptions to this requirement. For instance, a student aged 16 or above who works full-time during school hours is exempt from compulsory school attendance. They must, however, obtain an "employment certification" from their school district.

In Pennsylvania, the compulsory school age is defined as ages 6 to 18. Truancy laws apply to any student within this age range. Truancy occurs when a child has three unexcused absences during the school year. A student with six or more unexcused absences is considered "habitually truant". Absences do not need to be consecutive to qualify for truancy; they can occur at any time during a single school year. An unexcused absence is any absence from school that is not accompanied by a valid excuse submitted to the child's school within three days of the absence.

Each school must have a documented attendance policy and absence guidelines so that parents and caregivers know what is considered excused and unexcused. Most schools allow absences for medical needs, family emergencies, and college/post-secondary institution visits. However, activities like educational trips or family vacations may not be considered legally excused absences. Therefore, it is important to check with the school's policies.

When a child is deemed truant, the law requires schools to notify the parent or guardian in writing within ten school days of the child's third unexcused absence. This notification must include a description of the consequences if the child becomes habitually truant, as well as information in the preferred mode and language of communication of the parent. An offer of an attendance improvement conference must also be included.

The consequences of truancy can be significant for both the student and their learning. Students who are habitually truant are more likely to fall behind in their studies, repeat a grade, or even drop out of school. Additionally, high school graduates tend to have higher incomes, more stable employment, and better health outcomes than those who do not complete their education.

Employment certification

In Pennsylvania, minors under 18 are required to obtain an Employment Certificate, also known as a Work Permit, to verify their ability to work. This certificate must be presented to a potential employer before they can be hired.

Employment Certificates can be obtained through the minor's school, typically by contacting a guidance counsellor or school administrator. The minor must meet all state criteria for employment to be issued with a certificate.

While age certification documents are not required in Pennsylvania, employers are expected to ensure that any minors they employ comply with all Federal and state child labour restrictions. These include restrictions on the type of work that can be done, the maximum number of hours that can be worked, and limitations on late or overnight work.

For example, minors under 16 are restricted to working a maximum of 8 hours per day and 44 hours per week during a school vacation. During a school week, they are only permitted to work 4 hours per school day and up to 18 hours in total for the week. Minors aged 16 and 17 can work up to 28 hours during a school week and 44 hours per week when school is off.

Nightwork restrictions are also in place for minors. Those under 16 are prohibited from working between 7 pm and 7 am (10 pm during the vacation from June to Labor Day). For 16 and 17-year-olds, work is not allowed between 12 am and 6 am if they are enrolled in regular day school.

School procedures for truancy

In Pennsylvania, truancy is defined as having incurred three or more school days of unexcused absences during the current school year. When a student is truant, schools are required to notify the person in parental relation with the student who resides in the same household. This notification must occur within ten school days of the student's third unexcused absence. The notice should include a description of the consequences that will follow if the student becomes habitually truant, and it should be in the preferred mode and language of communication of the person in parental relation. Schools may also offer a school attendance improvement conference at this time.

If the student continues to have unexcused absences after the initial notice, the school must offer a school attendance improvement conference to the student and the person in parental relation. This conference is not mandatory for the student or the person in parental relation, but it provides an opportunity to discuss the absences and create a written school attendance improvement plan. The school cannot take further legal action until after the date of the scheduled conference has passed.

For habitually truant students, which is defined as six or more school days of unexcused absences during the current school year, schools have several options. If the student is under fifteen years old, the school can refer them to a school-based or community-based attendance improvement program or the county children and youth agency. If the student is fifteen years old or older, the school can refer them to an attendance improvement program or file a citation with the court against the student or the person in parental relation.

It's important to note that schools are not allowed to expel, suspend, reassign, or transfer students for truancy behavior. The procedures outlined above aim to address truancy through early intervention, family unity preservation, and the use of attendance improvement programs.

Truancy hearing and penalties

In Pennsylvania, truancy laws apply to children of \"compulsory school age\" – typically those aged 8 to 17. However, this does not include 16-year-olds who work full-time during school hours and have obtained an "employment certification" from their school district. Once a student turns 18, they are no longer subject to compulsory education requirements and truancy laws no longer apply directly to them.

Now, let's delve into the details of truancy hearings and penalties in Pennsylvania:

In Pennsylvania, truancy is defined as "three or more school days of unexcused absence during the current school year by a child subject to compulsory school attendance." When a student reaches this threshold, the school is required to notify their parents or guardians in writing within ten school days. This notification serves as a warning and provides information about the potential consequences of habitual truancy.

If a student accumulates six or more unexcused absences in a school year, they are considered "habitually truant." At this point, the procedures and consequences become more severe and differ based on the age of the student.

For children under 15 years old, the school must refer them to either a school-based or community-based attendance improvement program or the county's children and youth services agency. The school also has the option to file a citation against the parents in a magisterial district court.

For students 15 years old and above, the school must offer them a school-based or community-based attendance improvement program or refer them to the county's children and youth agency. If the student refuses the program, the school can then refer them to the county's children and youth agency.

Regardless of age, schools must demonstrate that they made multiple attempts to engage parents or guardians in attendance improvement conferences before involving the court system. It's important to note that schools cannot suspend, expel, or reassign a student in response to truancy in a way that excludes them from regular classroom education.

The potential penalties for individuals found guilty of truancy, including parents, guardians, or those in a parental role, can include:

• Fines of up to $300
• Court costs
• Parenting education program
• Community service within the school district for up to six months
• In cases of non-compliance with court orders, a county jail sentence of up to five days

It is always advisable for those facing truancy accusations to consult with a criminal defense attorney, who can help navigate the legal process and work towards a positive resolution.

Frequently asked questions