This document provides guidance on the chronic absenteeism measure included in Pennsylvania's federal accountability plan

The purpose of this subdivision is to improve school attendance and deter truancy through a comprehensive approach to consistently identify and address attendance issues as early as possible with credible intervention techniques in order to: (1) Preserve the unity of the family whenever possible as the underlying issues of truancy are addressed. (2) Avoid the loss of housing, the possible entry of a child to foster care and other unintended consequences of disruption of an intact family unit. (3) Confine a person in parental relation to a child who is habitually truant only as a last resort and for a minimum amount of time.

When used in this article, the following words and phrases shall have the following meanings: … “School-based or community-based attendance improvement program” shall mean a program designed to improve school attendance by seeking to identify and address the underlying reasons for a child’s absences. The term may include an educational assignment in an alternative education program, provided the program does not include a program for disruptive youth established pursuant to Article XIX-C. “Truant” shall mean having incurred three (3) or more school days of unexcused absences during the current school year by a child subject to compulsory school attendance under this article. “Unexcused absence” shall mean an absence from school which is not permitted by the provisions of section 1329 and for which an approved explanation has not been submitted within the time period and in the manner prescribed by the governing body. An out-of-school suspension may not be considered an unexcused absence.

(a) When a child is habitually truant and under fifteen (15) years of age at the time of referral, the school: (1) Shall refer the child to either of the following: (i) A school-based or community-based attendance improvement program. (ii) The county children and youth agency for services or for possible disposition as a dependent child under the provisions of 42 Pa.C.S. Ch. 63 (relating to juvenile matters). (2) May file a citation in the office of the appropriate judge against the person in parental relation who resides in the same household as the child. (b) When a child is habitually truant and fifteen (15) years of age or older at the time of referral, the school shall either: (1) Refer the child to a school-based or community-based attendance improvement program or service. (2) File a citation in the office of the appropriate judge against the child or the person in parental relation who resides in the same household as the child. (c) If a child who is fifteen (15) years of age or older continues to incur additional unexcused absences after being referred to a school-based or community-based attendance improvement program or refuses to participate in a school-based or community-based attendance improvement program as recommended through the school attendance improvement conference, the school may refer the child to the county children and youth agency for possible disposition as a dependent child under the provisions of 42 Pa.C.S. Ch. 63. (d) When referring a habitually truant child to the county children and youth agency or filing a citation with the court because a child has been habitually truant, the school shall provide verification that a school attendance improvement conference was held.

(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.

Whenever the board of school directors, or the attendance officer, home and school visitor, superintendent, or secretary of any board of school directors, ascertains that any child of compulsory school age, who is by the provisions of this act required to attend the public schools in the district over which such board of school directors has control, is unable to do so, on account of lack of necessary clothing or food, such case shall be promptly reported to any suitable relief agency operating in the school district, or, if there is no such suitable relief agency to which the case can be referred, it shall be reported to the proper county board of assistance for investigation and relief.