PRINTER'S NO. 3606
No. 2627 Session of 1998
INTRODUCED BY STETLER, COY, NICKOL, MUNDY, TRELLO, EVANS,
M. COHEN, TIGUE, STABACK, GODSHALL, CARONE, CLARK, READSHAW,
WOJNAROSKI, BELFANTI, M. N. WRIGHT, HALUSKA, SCHULER, OLASZ,
COLAIZZO, WALKO, C. WILLIAMS, CLYMER, HARHAI, BATTISTO, ORIE,
ROBINSON, VAN HORNE, STURLA, PLATTS, RAMOS, ROONEY,
YOUNGBLOOD, STEELMAN AND SERAFINI, MAY 13, 1998
REFERRED TO COMMITTEE ON EDUCATION, MAY 13, 1998
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for police attendance
6 officers and further regulating arrest of truant children.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1341 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended November 17, 1995 (1st Sp.Sess, P.L.1093, No.27), is
12 amended to read:
13 Section 1341. Duty to Employ; Power of Arrest;
14 Certification.--(a) The board of school directors of every
15 school district of the first, second, or third class, shall, and
16 in any school district of the fourth class may, employ one or
17 more persons to be known as attendance officers, or home and
18 school visitors, whose duties shall be to enforce the provisions
1 of this act regarding compulsory attendance. Such attendance
2 officers, or home and school visitors, shall, in addition to the
3 duties imposed upon them by the provisions of this act, have
4 full police power without warrant, and may arrest or apprehend
5 any child who fails to attend school in compliance with the
6 provisions of this act, or who is incorrigible, insubordinate,
7 or disorderly during attendance at school or on his way to or
8 from school. All home and school visitors shall be legally
9 certified as such by the Department of Education, upon meeting
10 such standards as shall be prescribed by the State Board of
11 Education.
12 (b) Any two or more school districts may join in the
13 appointment of an attendance officer on such terms as they may
14 mutually agree upon. School districts may make contractual
15 agreements with the municipality or municipalities that it
16 serves to have its police officers provide the services as
17 attendance officers. The board of school directors and the
18 governing body of the municipality will have authority to
19 negotiate the fees and the level of services.
20 (c) State, municipal, port authority, transit authority,
21 housing authority and school police officers shall have the same
22 arrest powers as attendance officers or home and school
23 visitors.
24 Section 2. Section 1354 of the act, amended January 14, 1970
25 (1969 P.L.468, No.192), is amended to read:
26 Section 1354. Report of Children not Enrolling, or
27 Withdrawing, or Being Illegally Absent.--It shall be the duty of
28 every principal or teacher of a public school to report
29 immediately to the attendance officer, district superintendent,
30 or secretary of the board of school directors the names of all
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1 children in the list furnished to him who have not appeared for
2 enrollment, and he shall also properly report, from time to
3 time, to the attendance officer, district superintendent, or
4 secretary of the board of school directors or may properly
5 report to the chief of police or police commissioner in the
6 municipalities of that school district or in the case of a
7 municipality which does not have a police department, to the
8 Pennsylvania State Police troop or detachment with jurisdiction
9 over that municipality, the names of all children who having
10 enrolled have subsequently withdrawn from school, or who have
11 been absent three (3) days, or their equivalent, without lawful
12 excuse or who is absent from school and has been determined to
13 be habitually truant under section 1333 of this act. Such person
14 shall thereupon serve upon the parent, guardian, or other person
15 in parental relation to such children unlawfully absent from
16 school, the written notice hereinbefore provided, and if it
17 shall appear that, within three (3) days thereafter, any child,
18 parent, guardian, or other person in parental relation shall
19 have failed to comply with the provisions of this act, the
20 superintendent, attendance officer, or secretary of the board of
21 school directors, in the name of the school district, shall
22 proceed against the person so offending, in accordance with the
23 provisions of this act. The chief of police or police
24 commissioner in the municipalities of that school district or in
25 the case of a municipality which does not have a police
26 department, the Pennsylvania State Police troop or detachment
27 with jurisdiction in that municipality, may serve upon the
28 parent, guardian or other person in parental relation to
29 children unlawfully absent from school, the written notice
30 hereinbefore provided, and if it shall appear that, within three
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1 (3) days thereafter, any child parent, guardian, or other person
2 in parental relation shall have failed to comply with the
3 provisions of this act, the chief of police or police
4 commissioner in the municipalities of that school district or in
5 the case of a municipality which does not have a police
6 department, the Pennsylvania State Police troop or detachment
7 with jurisdiction in that municipality, may proceed against the
8 person so offending, in accordance with the provisions of this
9 act.
10 Section 3. This act shall take effect in 60 days.
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