Section 1333.1. Procedure by School When Child Habitually Truant.--(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.
(d.1) An educational entity in which the child is enrolled shall provide the child with a school attendance improvement plan and shall continue to pursue remedies to the child's habitual truancy until the child is no longer truant or is no longer of compulsory school age, regardless of whether the child was enrolled at the current educational entity or another educational entity at the time of truancy. ((d.1) added Nov. 12, 2025, P.L.244, No.47)
(e) 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.
(1333.1 added Nov. 3, 2016, P.L.1061, No.138)
Compiler's Note: Section 10 of Act 138 of 2016, which added section 1333.1, 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.