All children between the ages of eight and 17 are required to attend school in Pennsylvania. Parents can decide when to start their children in school but it must be no later than age eight. Children must attend regularly through their 17th birthday.1
Every parent, guardian or person in a parental relationship who is responsible for a child between the ages of eight and 17 is liable for making sure that the child attends school regularly.2
Pennsylvania defines truancy as when a child of compulsory school age does not attend school for three or more consecutive days without a valid excuse for the absences.
A child is considered habitually truant when he/she is absent from school for more than three school days following his/her first notice of truancy.
Before any proceedings are brought against a parent, guardian or person in a parental relationship with the child, these individuals must receive three days written notice of the violation. The notice comes from the school district superintendent, attendance officer or secretary of the board of school directors. If a child is truant again, the parent does not have to receive additional notice to be held liable.3
Teachers are responsible for giving a list of truant students to the school district superintendent, attendance officer, or secretary of the board of schools, who serve the parents with notice.4 The school district then files a truancy petition in Family Court. Finally, a truancy hearing is scheduled.
h3. Where are truancy hearings held?
Truancy hearings are held in Family Court at 1801 Vine Street.
The child and every parent, guardian or person in a parental relationship to the child are required to appear at truancy hearings.5
The child’s parent, guardian or person in a parental relationship can be found guilty of a summary offense and fined up to $300 or be required to complete a parenting education program. The judges can also decide that instead of, or in addition to, the fine or education program, the parent, guardian or person in a parental relationship must perform community service in the school district where the child lives for up to six months.6 If parents, guardians or persons in a parental relationship fail to comply with the court order, they can be sentenced to serve up to five days in a county jail.7
Yes. A parent may appeal to the Court of Common Pleas in his or her county.
If the parent shows that he or she took every reasonable step to ensure school attendance by the child, the parent will not be convicted of a summary offense, and no fines or penalties will be imposed.8 However, there are no clear definitions of what constitutes reasonable stepsthe court will consider the individual circumstances of each case in determining whether the actions of a parent, guardian or person in a parental relationship were reasonable.
Yes. An attendance officer, a home and school visitor, or law enforcement officer may arrest a child who is truant.9 When the child is arrested, the person taking the child into custody must promptly notify the parents. Unless the parent, guardian or person in a parental relationship requests that the child be placed in another school, the child will be taken to the public school in which the child is or should be enrolled.10
If a child is under age 13 and is habitually truant, the child will be referred by the school district to Family Court for services or possible disposition as a dependent child under Pennsylvania’s Juvenile Act.11
If the child is 13 or older, and either has not complied with compulsory school attendance policies (for example, if the child is not enrolled in school) or is habitually truant, and parents can show that they took every reasonable effort to ensure attendance, the child can be forced to pay a fine of up to $300 or be assigned to an adjudication alternative program (such as an education program).12 A child 13 or older who does not pay the fine or complete an alternative program may also be adjudicated dependent.13 A child who is both a habitual truant and is not complying with compulsory school attendance policies may be referred by the school district for services and can be adjudicated dependent.14
Finally, a child who is found to be truant can have his or her driver’s license suspended for up to 90 days for the first notice of truancy and six months for any other notices of truancy. If the child does not have a license, the chance to apply for one can be suspended for 90 days for the first offense and six months for additional offenses.15
Only a juvenile court judge can declare, based on clear and convincing evidence, that a child is dependent. A child who has been declared dependent may be removed from his/her home by the court and placed in a facility for dependent children.16
This fact sheet is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this fact sheet may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
Children’s Rights: Facts You Should Know was made possible by a grant from the Samuel S. Fels Fund. Spring 1999.
Last updated: Summer 2007
