Section 1333. Procedure When Child is Truant.--(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;
(2.1) shall include notice to the person in parental relation that a child who is habitually truant may not transfer, during the school year, to a cyber charter school unless a judge determines that the transfer is in the educational best interest of the child;
(2.2) shall include resources available to assist the child and the person in parental relation with returning the child to compliant compulsory school attendance and opportunities for further academic recovery in response to the truant behavior;
(3) may include the offer of a school attendance improvement conference;
(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; and
(5) shall include a notice developed by the Administrative Office of Pennsylvania Courts, in consultation with the department, that details the right to request the court hold an educational best interest hearing under subsection (c.1) if the child becomes habitually truant.
((a) amended July 12, 2026, P.L.220, No.20)
(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.
(c.1) A child who is habitually truant may not transfer, during the school year, to a cyber charter school unless a judge determines that the transfer is in the educational best interest of the child. ((c.1) amended July 12, 2026, P.L.220, No.20)
(c.2) (1) If a citation has not been filed under section 1333.2, a person in parental relation who resides in the same household as the child or the child if the child is fifteen (15) years of age or older may file a request for an educational best interest hearing under subsection (c.1) with the magisterial district court or municipal court.
(2) The venue for an educational best interest hearing shall be based on the location of the school in which the child is currently enrolled, unless the child is currently enrolled in a cyber charter school, in which case the hearing venue shall be based upon the residence of the child. The judge shall ensure that all hearings are held within ten (10) days of receipt of a request under paragraph (1) or a citation under section 1333.2 and include the school in which the student is currently enrolled, a person in parental relation who resides in the same household as the child and the child if the child is fifteen (15) years of age or older, unless excused by the judge. The hearings shall occur in person, unless the judge deems two-way simultaneous communications necessary and in compliance with court rules.
(3) When determining the educational best interest of the child under subsection (c.1), the judge shall consider the following:
(i) health and well-being of the child, including anxiety and trauma;
(ii) attendance records;
(iii) grades;
(iv) school enrollment history;
(v) likelihood of success in proposed program;
(vi) safety concerns, including bullying;
(vii) academic access to programs;
(viii) disciplinary or criminal actions;
(ix) family support; and
(x) any other relevant factors.
((c.2) added July 12, 2026, P.L.220, No.20)
(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.
(1333 amended Nov. 3, 2016, P.L.1061, No.138)
Compiler's Note: Section 10 of Act 138 of 2016, which amended section 1333, provided that Act 138 shall apply to the 2017-2018 school year and each school year thereafter.
See section 21 of Act 55 of 2017 in the appendix to this act for special provisions relating to applicability.