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The Home School Court Report
VOLUME XII, NUMBER 1
- disclaimer -
February / March 1996
Cover
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Cover Story


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Billiot Family Challenges Statute

Michigan's New Law

Victory in Newfoundland

Top 10 Home Schooling States


Oklahoma Truant Officer Resigns

Home Schoolers in Books

Military Court Convicts Spc. New

Top 20 Advantages to Home Schooling

Another Unsung Hero


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PENNSYLVANIA

Truancy Penalties Increased

On November 17, 1995, Pennsylvania Governor Tom Ridge signed into law Senate Bill No. 98 which substantially increased the penalties for truancy. Under prior law, a person convicted of truancy could be sentenced to pay a fine not exceeding $2 for the first offense and not exceeding $5 for each succeeding offense, in addition to court costs.

Under the new law, a person convicted of truancy may be sentenced to pay a fine not exceeding $300 or be sentenced to complete a parenting education program offered and operated by a local school district, medical institution, or other community resources. Under both the old and new law, if the parent fails to comply with the judgment of the court, the parent may be sentenced to the county jail for a period not exceeding five days.

Children who are at least 13 years old and are convicted of truancy may be sentenced to pay the same fine as their parents, and all children, regardless of their age, are subject to being referred to social services for further investigation. Any child convicted of truancy will have his driver's license suspended for 90 days under the new law, and if the child has not yet received a driver's license, he will be ineligible to do so until the 90-day period has expired. Children found guilty of additional truancy law violations will have their driver's license suspended for six months.

The silver lining to this new legislation is a clause inserted as an amendment by State Representative Samuel E. Rohrer of the 128th Legislative District. Representative Rohrer's amendment states as follows:

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 13-1327.1 of this act.

Home School Legal Defense Association's interpretation of this exemption for home schooling families is that the truancy provisions simply do not apply to families who contend that they are in compliance with the home education statute. While a judicial interpretation would be required to confirm this, the protective language for home schooling families in the new law indicates that the General Assembly intended to make a distinction between home schooling families and those who have chosen to have their children attend public or private schools.

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