Compulsory Attendance

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Compulsory Attendance

• Kathleen Krall
• School Law for Educators

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Components of Attendance

• Place of Residency
• School Admission
• Compulsory Attendance
• Absent from School
• Violation of Law

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Place of Residency
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Place of Residency
PS Public School Code (24 P.S. Code
2302) Any resident child aged 6 to 21 may
attend public schools
Required 8 years to 16 years

• Where parent or In loco parentis resides
• Parent who has custody
• Emancipated minor
• Non-resident child living with resident without
  compensation
  
• Non-resident child who is in foster care
• Non-resident child living in facilities within
  school district

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Admission to School
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Admission to School

• Student must be 5 years, 7 months before
  September 1st for the fall semester and 5 years,
  7 months by Feb. 1st for the spring semester.
  
• For a new school, parent must sign statement
  concerning present and past suspensions/expulsion
  from previous school.

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Admission to School

• Partial immunization
• Religious grounds
• Medical reasons
• Oral verification by previous school for homeless
  children

• To be admitted, the child must be immunized.
  However there are exceptions

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Absent From School
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What is your schools attendance policy?
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Absent From School

• May be excused
• May be unexcused
• May be unlawful

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Excused Absences
Usually of short duration determined by the
school district Doctors excuse Death in the fam
ily Impassable roads Approved education trips R
eligious instruction (up to 36 hrs.)
Long term is in excess of 30 days upon
recommendation from medical doctor.
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Unexcused Absence

• Parent/guardian or child can be subject to
  prosecution and fined.
  
• If age 17 or older the student pays no penalty.
  School District may be liable.

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Violation of Law
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School must give adequate notice to parents of
unexcused absences

• Based on Case Law Commonwealth v. Grace (Pa. 1969)

• Recognize absence on a certain date or dates
• Absence was unexcused
• Violation of Public School Code
• Summary offense and penalties may be imposed
• Unexcused again, District Justice will be
  involved without further notice from school

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Currently, children can be held responsible for
being truant where parents have taken every step
to ensure attendance

• However, if a parent does not take every
  reasonable step
  

• Convicted of a summary offense and fined 300
• May take a parenting education program
• Community service
• Serve up to 5 days in jail

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And for the student who is held responsible for
his/her truancy

• Over the age of 13, summary offense to child or
  assigned alternative program
  
• 90 day to 6 months suspension of drivers
  license
  
• Under the age of 13, not subjected to summary
  offense but referred to school for services.
  

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Compulsory Attendance
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Compulsory School Age

• 8 years until the age of 17 years (24 P.S. Code
  1326)
  
• Age is the controlling factor
• Does not require parents to send their child to
  kindergarten

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Public vs. Private Education

• Landmark case, Pierce v. Society of Sisters (1925)

• In violation of due process, the Supreme Court
  allowed parents the choice on where to send their
  children

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Exceptions to law in Pennsylvania

• First Amendment issues
• Health and Safety issues of the child
• Enrolled in private trade or business school
• Licensed non-public school
• Tutoring approved by school district
• 16 yrs or older and employed
• 15 yrs or older and engaged in farm or domestic
  work
  
• 14 yrs and engaged in the above, completed
  elementary school, board approved, state approved.

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Exceptions

• Students that are home schooled
• Home school legal defense association
• http//www.hslda.org/