What is the definition of truancy in Pennsylvania? The simple answer is that truancy is the failure to attend school. However, from a statutory point of view, the answer is more involved. The Public School Code does not have a specific definition for the word“truancy”. As will be seen, a child becomes “truant” upon attaining a specific number of unexcused absences. To provide more guidance, the Beaver County Protocol Committee created the Beaver County Truancy Protocol, which defines a range of unexcused absences, namely three to ten, and alleviates the ambiguities of the PA Truancy Law. Under provisions of the Code, specifically 24P.S. §13-1327, every child of compulsory school age (from when a child’s parents elect to enroll the child in school, which shall be no later than age 8, until age 17) is required to attend a day school unless the child satisfies one of the exceptions set forth in §13-1330. Each school board is charged with setting policies governing pupil absences and excuses which shall be considered lawful. §13-1329.

Each school principal is required to report to the superintendent any child who has been absent three (3) days “during the term of compulsory attendance, without lawful excuse.”§13-1332 A strict reading of the Code would suggest that a child is “truant” if he or she has three (3) unexcused absences during the entire time the child is subject to compulsory attendance.

In Pennsylvania the legal actions that are permitted or which are required for violation of the provisions regarding compulsory school attendance vary according to the circumstances. The school district may file a summary citation with the local Magisterial District Judge against the parent/guardian or child or, in the alternative, refer the matter to the local Children & Youth Services agency for services or the filing of a dependency proceeding.  

Before the school district may file a summary citation with the local Magisterial District Judge the school must give the offending person three (3) days written notice that the provision regarding compulsory school attendance has been violated. Thereafter, during the child’s term of compulsory attendance, if there is another unexcused absence, the school may proceed without further notice.1 24 P.S. 13-1333(a)(1). After the filing of the complaint, a hearing is scheduled which both the parent/guardian and child are required to attend. Section 13-1333(a)(2).

1 Some confusion potentially exists between this section and Section 13-1354. The latter section provides that the appropriate school personnel shall be notified of every child who has been absent three(3) days, or their equivalent, without lawful excuse. The school shall then provide the parent/guardian with written notice of the absences and “and if it shall appear that, within three (3) days thereafter, any child, parent, guardian … shall have failed to comply with the provisions of this act, the [school] … shall proceed against the person so offending in accordance with the provisions of this act.” After the written notice is given, Section 13-1333 suggests that the next unlawful absence can precipitate the filing of a citation before the Magisterial District Judge, whereas Section 13-1354 indicates that “within three (3) days thereafter,” the school can proceed. Does this mean the school can proceed anytime after the 4th unexcused absence, only if the 4th absence occurs within the three-day period after the notice is given, or upon the 6th unexcused absence? See footnote No. 7, below.