Section 13-1333.3 - Penalties for violating compulsory school attendance requirements(a) A person convicted of an offense under this article may be:(1) Sentenced to pay a fine for the benefit of the school that is responsible for the truancy proceedings in an amount not exceeding three hundred dollars ($300) together with court costs except that, in the case of a second offense, the maximum fine for a person in parental relation may be a higher amount within their ability to pay not exceeding five hundred dollars ($500) together with court costs and, in the case of a third or subsequent offense, the maximum fine for a person in parental relation may be a higher amount within their ability to pay not exceeding seven hundred and fifty dollars ($750) together with court costs;(2) Sentenced to perform community service; or(3) Required to complete an appropriate course or program designed to improve school attendance which has been approved by the president judge of the judicial district.(b) The court may suspend the sentence of a person convicted of an offense and may remit or waive fines and costs if the child attends school in accordance with a plan devised by the court.(c) A person convicted of an offense under this article shall have a right to appeal de novo to a court of common pleas of the proper county within thirty (30) days of the conviction. after thirty (30) days, the appeal shall proceed similar to other appeals of summary convictions.(d) No citation may be filed against a child or a person in parental relation with the child who resides in the same household as the child for a subsequent violation of compulsory school attendance if any of the following circumstances apply: (1) A proceeding is already pending under sections 1333.1 and 1333.2 against the child or a person in parental relation with the child who resides in the same household as the child and judgment in the first proceeding has not yet been entered, unless a warrant has been issued for failure of the child or person in parental relation to appear before the court and the warrant has not yet been served.(2) A referral for services has been made to the county children and youth agency under this subdivision , the agency has not closed the case and the educational entity has not consulted with the county children and youth agency prior to filing the petition (3) A petition has been filed alleging the child is dependent due to being habitually truant under 42 Pa.C.S. ch. 63 (relating to juvenile matters) and the case remains under the jurisdiction of the juvenile court.(e) Upon a second or subsequent conviction of a child or a person in parental relation with the child who resides in the same household as the child for a violation of the requirements of compulsory school attendance in a court within this commonwealth within a three-year period, the court shall refer the child for services or possible disposition as a dependent child under 42 Pa.C.S. ch. 63.(f) Upon failure of a person to satisfy the penalty imposed by the court under subsection (a), the person in parental relation may be found in contempt of court and, upon conviction, may be sentenced to the county jail for a period not to exceed three (3) days in any one case. the court shall make such a determination based on specific finding that the person in parental relation had reasonable ability to comply with the penalty imposed and that noncompliance was willful. the following shall apply: (1) In the case of a child, the failure to satisfy a fine or costs imposed under this section shall not be considered a delinquent act.(2) The president judge of a judicial district may adopt a local policy under 42 Pa.C.S. § 6304 (relating to powers and duties of probation officers) and the pennsylvania rules of juvenile court procedure to provide that a juvenile probation officer may receive allegations that the child who fails to satisfy a fine or costs imposed under this section is dependent for the purpose of considering the commencement of proceedings under 42 Pa.C.S. ch. 63.(g)(1) If a child is convicted of a violation of the compulsory school attendance requirements of this article, the court may send the department of transportation a certified record of the conviction on a form prescribed by the department only if the child fails to comply with a lawful sentence entered for the violation and is not subject to an exception to compulsory attendance under section 1330.(2) The department of transportation shall suspend for ninety (90) days the operating privilege of a child upon receiving a certified record that the child was convicted of a summary offense under the compulsory school attendance requirements of this article. if the department of transportation receives a certified record of a second or subsequent conviction of a child pursuant to this section, the department shall suspend the child's operating privilege for six (6) months.(3) A child whose record is received by the department of transportation under this section and who does not have a driver's license shall be ineligible to apply for a driver's license under 75 Pa.C.S. § 1505 (relating to learners' permits) and 1507 (relating to application for driver's license or learner's permit by minor) for the time period specified in paragraph (2). if the child is under sixteen (16) years of age when convicted, suspension of operating privileges shall commence in accordance with 75 Pa.C.S. § 1541 (relating to period of disqualification, revocation or suspension of operating privilege) for the time specified in paragraph (2).(4) A child whose driving privileges have been suspended or whose eligibility for a permit or license is delayed under this section may have that license or eligibility restored by providing the department of transportation with a form developed by the department of transportation containing the following information in the form of a certified record from the child's school that the child: (i) Has attended school for a period of at least two (2) months after the first conviction or four (4) months after the second conviction without an unexcused absence or unexcused tardy;(ii) Is subject to an exception to compulsory attendance under section 1330; or(iii) Graduates, withdraws from school pursuant to compulsory attendance requirements under section 1327, receives a general education diploma or enlists in the military.(5) An insurer may not increase premiums, impose a surcharge or rate penalty, make a driver record point assignment for automobile insurance or cancel or refuse to renew an automobile insurance policy on account of a suspension under this section.(6) Nothing in this section shall prohibit a child who is convicted of a violation of the compulsory school attendance requirements of this article from being eligible for an occupational limited license under 75 Pa.C.S. § 1553 (relating to occupational limited license).(h)(1) Upon application from a child who has a conviction of a summary offense under section 1333.2, the court shall grant an expungement of the conviction from the child's record if all of the following apply: (i) The child has earned a high school diploma, a commonwealth secondary school diploma or another department of education-approved equivalent, or is subject to an exception to compulsory attendance under section 1330.(ii) The child has satisfied any sentence imposed by the court with respect to the conviction, including payment of fines and costs.(2) If the court grants an expungement under paragraph (1), the court shall order the department of transportation to expunge all administrative records related to the convictions.(i) 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. Amended by P.L. TBD 2018 No. 39, § 10, eff. 7/1/2018.Added by P.L. TBD 2016 No. 138, § 6, eff. 11/3/2016.