Frank J. Pallone Jr. has had many truancy cases come before him during his 24 years as a district judge in New Kensington.
In those hearings, Pallone said he takes the time to learn what is going on in homes that caused a child to miss school and rack up unexcused absences.
“We have single-parent families. We have times when children are living with aunts and grandmothers. Mom could have a substance abuse problem, dad’s out of the picture or in jail,” he said.
Beginning with the 2020-21 school year, Pennsylvania updated its compulsory school age to require children to attend school between the ages of 6 and 18. Previously, students had to start no later than age 8 and attend until 17 or they graduated.
Schools are required to have written attendance policies that are given to parents each year, according to the state Department of Education.
All absences are treated as unlawful until the school gets a written excuse explaining the reason.
A child is considered truant after having three unexcused absences in a school year. Children are habitually truant after six or more unexcused absences.
Act 138 of 2016 revised Pennsylvania’s compulsory attendance and truancy laws. It disfavors traditional truancy prosecutions, which should only be used when other, less punitive measures have not worked.
Previously, schools could take truant students directly to court and have parents fined, said Andrew Christ, managing director of government affairs for the Pennsylvania School Boards Association.
“That didn’t really help address the underlying reasons for truancy,” Christ said.
Schools are required to notify parents in writing after the third unexcused absence. They may offer a school attendance improvement conference, during which reasons for absences are examined, but are required to have them if more unexcused absences happen.
“A lot of schools now start before that attendance improvement conference,” Christ said.
The outcome of the conference is written into an attendance improvement plan.
Schools are not permitted to expel, suspend out of school, reassign or transfer a student to an alternative education program for disruptive youth because of truancy.
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Schools must refer habitually truant students younger than 15 to a school or community-based attendance improvement program or the county’s children and youth agency. Schools also can file a truancy citation against a parent.
For children older than 15, schools can file a citation against the student or parent.
When a truancy citation is filed with a district judge, the school has to prove the child was subject to the compulsory attendance law and has been habitually truant.
Sentences for violations can be a fine, community service or completing a program to improve attendance. Fines for a first offense can be up to $300, including court costs; up to $500 for a second offense; and up to $750 for third and further offenses.
Parents who do not comply with a sentence and were able to do so can be jailed for up to three days.
When a child doesn’t satisfy the penalties, it’s not considered a delinquent act, but could result in a child being placed under court supervision.
Students who are convicted and fail to comply also could have their driving privileges suspended by PennDOT.
While parents and students often are found guilty, Pallone said there are times he will give a student a chance to correct their truancy by going to school regularly. He then will reevaluate their case at another hearing.
Pallone said he often finds issues behind unlawful absenteeism, including intellectual challenges and medical problems, but also that some children simply don’t want to go to school.
Pallone said he suggests students find someone to talk to, such as a guidance counselor or minister, and tries to instill hope for what they can do with their futures, whether that’s college or vocational training.
He warns that a record of truancy could effect their future job search.
“An employer is not going to take someone who has missed 30 to 40 days of school in nine months compared to someone who has not missed any school,” he said.
Pallone said school attendance needs to be addressed with children at younger ages.
“I’m in favor of Head Start and pre-kindergarten because, if you get to the kids at the youngest age, you have the most influence over them,” he said. “If you identify the problem earlier, you may not have it.”
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Brian C. Rittmeyer is a Tribune-Review staff writer. You can contact Brian by email at brittmeyer@triblive.com or via Twitter .