TRUANCY LAW Michael R Muth MONROE COUNTY TRUANCY

TRUANCY LAW Michael R. Muth

MONROE COUNTY TRUANCY • • • • • 2012 -13 2011 -12 EAST STROUDSBURG AREA Enrollment 7573 7666 Habitual Truants 930 837 Truancy Rate 12. 28 10. 92 2010 -11 7851 1121 14. 28 PLEASANT VALLEY Enrollment 5435 Habitual Truants 2 Truancy Rate 0. 04 5636 4 0. 07 5786 10 0. 17 POCONO MOUNTAIN Enrollment 9814 Habitual Truants 657 Truancy Rate 6. 69 10, 176 532 5. 23 10, 693 940 8. 79 STROUDSBURG AREA Enrollment 5185 Habitual Truants 436 Truancy Rate 8. 41 5452 883 16. 20 5568 449 8. 06

WHAT WE WILL COVER • Review existing Truancy law • Procedure before filing a citation • Procedure in Court Cases after filing a citation

COMPULSORY ATTENDANCE • 24 P. S. § 13 -1327 • 22 Pa. Code Chapter 11 • 180 Days of school per year • Legal resident of Pa. • 8 -17 or graduation

COVERS CYBER SCHOOLS

EXCEPTIONS • Private trade or business school • Post secondary institution full time prior to graduation • Religious school • 16 and employment certificate and full time job • “unable to profit from further attendance”

EXCEPTIONS • 14 -15 and farm or domestic work (conditions) • Privately tutored or home schooled • 24 P. S. § 13 -1330

DEFINITIONS • HABITUALLY TRUANT 24 P. S. § 13 -1333(b)(5) • Absence from school for more than 3 school days following first notice of truancy

PROCEDURE BEFORE A CITATION • Child is absent from school for more than 3 days without justification • School serves written notice and • Develops Truancy Elimination Plan (TEP) • Child is again absent without justification • School sets up meeting with Court • Meeting with Judge (Common Pleas or MDJ)

MEETING WITH THE JUDGE • • No citation filed Group meeting explaining law/punishment Individual sessions School Admin, Truancy officer C&YS Parents AND child must attend Review attendance records, grades, etc. Parental concerns addressed

I CAN’T WAKE HIM UP

THERE ARE SERIOUS MEDICAL ISSUES NO ONE UNDERSTANDS

WHAT? THERE’S A RECEIPT!

FILING A CITATION • If child is absent again after meeting with judge without justification. • School discretion as to how many and when. • Multiple dates on one citation OK, but limits punishment options. • Multiple citations OK, but remember costs.

CITATION AGAINST PARENT, CHILD OR BOTH • Parent(s) • Child over age 13 • Both, if appropriate.

ACTIONS BY MDJ COURT • Citation entered into statewide computer system. • Copy mailed out to Defendant. • Pleas? ? ? • Trial/Hearing scheduled.

CITATIONS FILED IN MONROE COUNTY • Counts of Truancy Violations filed in Monroe County during 2010, 2011, 2012 and 2013. • • • • • • • • • • 2010 2011 2012 ANZINI 5 1 13 -1333 5 1 A 1 - Violation Of Compulsory Attendance Req Parent, Etc MUTH 2 8 13 -1333 2 8 A 1 - Violation Of Compulsory Attendance Req Parent, Etc FLUEGEL 65 86 63 13 -1333 65 86 63 A 1 - Violation Of Compulsory Attendance Req Parent, Etc B 1 - Violation Of Compulsory Attendance Req Child HIGGINS 20 38 43 13 -1333 20 38 43 A 1 - Violation Of Compulsory Attendance Req Parent, Etc OLSEN 3 2 7 13 -1333 3 2 7 A 1 - Violation Of Compulsory Attendance Req Parent, Etc MANCUSO 33 66 244 13 -1327 A - Compulsory School Attendance 13 -1333 33 66 244 B 1 - Violation Of Compulsory Attendance Req Child 33 GERMANO 2 2 13 -1333 2 2 A 1 - Violation Of Compulsory Attendance Req Parent, Etc REILLY 92 114 68 13 -1333 92 114 68 A 1 - Violation Of Compulsory Attendance Req Parent, Etc B 1 - Violation Of Compulsory Attendance Req Child 74 KRAWITZ 5 14 6 13 -1327 5 14 3 A - Compulsory School Attendance 5 13 -1333 3 A 1 - Violation Of Compulsory Attendance Req Parent, Etc CLAYPOOL 245 225 20 13 -1333 245 225 20 A 1 - Violation Of Compulsory Attendance Req Parent, Etc B 1 - Violation Of Compulsory Attendance Req Child 232 Grand Total 470 550 459 2013 5 2 2 58 58 65 5 26 26 20 7 7 3 292 2 290 66 2 70 70 18 60 14 Grand Total 6 6 1 12 12 2 272 81 5 127 38 19 19 2 635 2 633 244 4 4 2 344 54 50 25 22 3 3 6 8 2 12 58 2 56 12 260 43 26 127 7 7 19 2 2 290 633 4 18 31 39 215 22 3 94 94 13 220 549 584 5 14 2, 028 129 6 71 3 23 537 47

ACTIONS BY MDJ • Opportunity to work things out IF appropriate. • If not, a full evidentiary hearing. • Evidence rules apply. • Burden is on School.

WHAT TO BRING • Truancy officer or other school official with knowledge of case • Attendance file – Copies of Notices sent – Any excuses received – Transcript • TEP

ACTIONS BY MDJ COURT • Role of the judge is different than at conferences. • Did parent take every reasonable step to insure attendance. • Due to earlier meeting with Judge, a lot of “garbage excuses” can be avoided. • Verdict by MDJ.

PUNISHMENT OPTIONS • 2 possible approaches –a. Proceed to sentencing hearing –b. Suspend sentencing hearing, upon student/parent complying with specific conditions stated by judge.

SANCTION FOR PARENTS • Maximum $300. 00 fine and court costs. • Parenting education program (if they exist). • Community service. • If fail to comply, 5 days in jail per citation after Indigency Hearing.

SANCTIONS FOR STUDENTS • Student less than 13 years…referral to C&YS for dependency. • Student 13 or older: – Maximum $300. 00 fine plus court costs per citation. – Referral to Delinquency Court if fine not paid. – Penn DOT license suspension. – May refer to C&YS for dependency. – Community Service, other creative punishments.

SPEAK LOUDLY AND CARRY A BIG STICK • Court may suspend sanctions, in whole or in part, if student returns to school. • The big threat for students…stressing punishment parents will receive if student doesn’t comply.

FOR THOSE HISTORY TEACHERS OUT THERE

BUT NOT TOO BIG • Rivera v Lebanon School District (USDC, Pa. Middle District 2012) • From 2004 -2009, over 700 fines more than $300. 00 Some as high as $9, 000. 00 • Adjusted unpaid fines but no refunds…Court ordered restitution

MAYBE TOO BIG • 18 P. S. § 6301(a)(2) CORRUPTION OF MINORS – Any person who knowingly aids, abets entices or encourages a minor under 18 to commit truancy – 1 st offense summary – 2 nd offense in one year, M-3

RESOURCES Title 22 Pa. Code, Chapter 11 , 12 - Provide general provisions for compulsory school age and admission to school, temporary absences, excusals from public school and other related regulations, guidance for implementation of K-12 student services to meet student needs. 24 P. S. , Section 13 -1301 - Relates to enrollment of students. The Juvenile Act - Defines a “dependent” child as it relates to truancy. Pennsylvania’s Child Protective Services Law - Pennsylvania's law as it relates to services for truant students.

RESOURCES • 24 P. S. 13 -1333, Act 29 of 1995 - Describes the penalties for violation of compulsory attendance requirements. 18 PA CS, PA Crimes Code - The code as it relates to truancy and the corruption of minors. No Child Left Behind Act of 2001 (NCLB) - Outlines the need for collection of information on truancy rates as described in No Child Left Behind legislation. The Uniform Management Information and Reporting System (UMIRS) provisions of the No Child Left Behind Act (NCLB) require that states collect and report data on “truancy rates” at the school level. Family Educational Rights and Privacy Act (FERPA) - Addresses the privacy issues that must be considered by schools when dealing with student records and issues involving attendance and truancy.

QUESTIONS