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PRINTER'S NO. 1126
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 984
Session of
2025
INTRODUCED BY PENNYCUICK, J. WARD, STEFANO, BAKER, LANGERHOLC,
VOGEL, BROWN AND CULVER, AUGUST 27, 2025
REFERRED TO EDUCATION, AUGUST 27, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for attendance policy at charter, regional charter
and cyber charter schools, for procedure when child is
truant, for procedure by school when child habitually truant,
for procedure upon filing of citation and for penalties for
violating compulsory school attendance requirements,
repealing provisions relating to study of truancy procedure,
providing for department supports to prevent truancy and
further providing for reports to Superintendent of Public
Instruction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1327.2 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1327.2. Attendance Policy at Charter, Regional
Charter and Cyber Charter Schools.--(a) Each charter, regional
charter and cyber charter school shall establish an attendance
policy designed to accurately determine when a child who is
enrolled in a charter, regional charter or cyber charter school
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has an unexcused or excused absence, or is present for
instruction, which may differ from the policy of the school
district in which the child resides. The policy must conform to
the provisions of this act relating to compulsory attendance.
(a.1) In addition to the requirements of subsection (a), a
cyber charter school shall include in its attendance policy the
following:
(1) A policy to determine when a child has an unexcused or
excused absence or is present for synchronous instruction. To be
present for synchronous instruction, a child must be present and
visible to the teacher on camera during each synchronous
instructional period for each course.
(2) A prohibition specifying that a cyber charter school
administrator or chief administrator may not alter an attendance
record taken by a teacher, unless the alteration corrects an
error made in good faith.
(3) A policy to determine when a child has an unexcused or
excused absence or is present for asynchronous instruction. To
be present for asynchronous instruction, a child must
satisfactorily complete the coursework and achieve weekly
educational coursework benchmarks. The following requirements
shall apply to the weekly educational coursework benchmarks:
(i) A cyber charter school shall establish weekly
educational coursework benchmarks for students participating in
asynchronous instruction and shall submit the benchmarks to the
department for approval by June 30 of each year for the
following school year. If the department has not approved,
denied or returned the benchmarks for revision within 45 days,
the benchmarks shall be deemed approved for the following school
year.
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(ii) Each student shall satisfactorily complete the
coursework and achieve the benchmarks established by the cyber
charter school. If a student does not achieve the weekly
benchmark, the student shall receive an unexcused absence for
the incomplete coursework.
(b) Notwithstanding section 1333.2(a), in the case of a
child enrolled in a cyber charter school the venue for the
filing of a citation under section 1333.1 shall be based upon
the residence of the child. A cyber charter school may
participate in a proceeding under sections 1333.1, 1333.2 and
1333.3 in person, by telephone conferencing, by video
conferencing or by any other electronic means.
(c) [Charter, regional charter and cyber] (1) Cyber charter
schools shall report all unexcused absences directly to the
department annually through the Pennsylvania Information
Management System (PIMS).
(2) Cyber charter schools shall submit information related
to the completion of the benchmarks established under subsection
(a.1)(3) annually through PIMS.
(3) For students who have been found to be truant or
habitually truant, cyber charter schools shall report the
information required under paragraphs (1) and (2) directly to
the department monthly through PIMS.
Section 2. Section 1333(a) of the act is amended by adding
paragraphs and the section is amended by adding a subsection to
read:
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
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school attendance within ten (10) school days of the child's
third unexcused absence. The notice:
* * *
(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 virtual instruction offered by the
educational entity in which the child is enrolled or to a cyber
charter school unless a judge determines that t he child is
unable to comply with compulsory school attendance requirements
and t he transfer is in the best interest of the child;
(2.2) shall include State and local resources 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;
* * *
(c.1) A child who is habitually truant may not transfer,
during the school year, to virtual instruction offered by the
educational entity in which the child is enrolled or to a cyber
charter school unless a judge determines that the child is
unable to comply with compulsory school attendance requirements
and the transfer is in the best interest of the child.
* * *
Section 3. Sections 1333.1, 1333.2 and 1333.3 of the act are
amended by adding subsections to read:
Section 1333.1. Procedure by School When Child Habitually
Truant.--* * *
(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
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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.
* * *
Section 1333.2. Procedure Upon Filing of Citation.--* * *
(a.1) The president judge of a judicial district may adopt a
local policy to identify a judge to handle all truancy matters
for a single school district.
* * *
(c.1) A school employe or a county children and youth agency
may attend the hearing with respect to the citation in person,
by telephone conferencing, by video conferencing or by any other
electronic means.
* * *
(i) Nothing in this section shall be construed to limit the
ability of the judge to enter a sentence after the completion of
the school year in which the child was habitually truant.
Section 1333.3. Penalties for Violating Compulsory School
Attendance Requirements.--* * *
(i) At the time of conviction of a child for a violation of
the requirements of compulsory school attendance under this
article, the court shall make a determination on the ability of
the child to transfer or continue virtual instruction in
accordance with section 1333(c.1).
Section 4. Section 1333.4 of the act is repealed:
[Section 1333.4. Study of Truancy Procedure.--(a) Five (5)
years after commencement of the first school year to which
section 1333 applies, the Joint State Government Commission
shall undertake a study of the procedures for how a school
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handles children who are truant and habitually truant and
evaluate the effectiveness of the procedures in improving school
attendance and whether the procedures should be revised,
including to require court involvement sooner in certain truancy
cases.
(b) The Joint State Government Commission shall establish an
advisory committee that may include representatives of the
Department of Education, educational entities and organizations,
the judiciary, district attorneys, law enforcement, public
organizations involved in truancy issues, representatives of
county children and youth agencies and juvenile justice agencies
and other organizations selected by the Joint State Government
Commission to consult with the Joint State Government Commission
in conducting the study.
(c) The Joint State Government Commission shall hold
informational meetings to receive testimony from professionals
or organizations with expertise in truancy and truancy
prevention.
(d) The Joint State Government Commission shall issue a
report of its findings and recommendations to the Education
Committee of the Senate and the Education Committee of the House
of Representatives not later than twelve (12) months after
undertaking the study.]
Section 5. The act is amended by adding a section to read:
Section 1333.5. Department Supports to Prevent Truancy.--The
department, in coordination with the Department of Human
Services, shall develop programs and best practices for student
supports to prevent truancy and habitual truancy.
Section 6. Section 1339 of the act is amended to read:
Section 1339. Reports to [Superintendent of Public
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Instruction.--Every school district] Secretary of Education.--
(a) Every educational entity shall report to the
[Superintendent of Public Instruction upon the] Secretary of
Education information related to student attendance and
enforcement of the provisions for compulsory attendance and the
cost thereof, in such detail as [said Superintendent of Public
Instruction shall request.] requested by the department. The
department shall post quarterly reports related to the
enforcement of compulsory attendance, which shall contain all
the information required to be provided to the department under
this article. Information shall be reported and posted in a
manner consistent with the Family Educational Rights and Privacy
Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g).
(b) A school administrator, employe or representative of an
educational entity who knowingly falsifies a report or data
submitted to the department under subsection (a) shall be guilty
of a misdemeanor of the third degree.
Section 7. This act shall take effect in 60 days.
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