Truancy
Fair School Funding
Truancy
Equal Access
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Education Law Center attorneys presented testimony to Pennsylvania’s Joint State Government Commission on Aug. 17, 2023, with recommendations about Act 138 of 2016, which substantially changed the truancy provisions of Pennsylvania’s Public School Code. The testimony addressed problems with the implementation of the act and the need for more specific statewide policies.
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ELC has created two new tools to help parents and “eligible students” proactively identify inaccurate or misleading statements or information that violates a child’s privacy rights and request corrections and amendments to their child’s or their own educational records, as permitted by the Family Educational Rights and Privacy Act (FERPA).
- Parents FERPA Education Record Correction Tool: Under FERPA, parents—a parent, guardian, or an individual acting in the absence of a parent or guardian—may request an amendment or correction of educational records that they believe to be inaccurate and/or misleading.
- Eligible Student FERPA Education Record Correction Tool: Under FERPA, an eligible student—a student who is 18 years or older or is attending a postsecondary institution—may request an amendment or correction of educational records that they believe to be inaccurate and/or misleading
Record errors can prevent students from getting the support to which they are legally entitled, impede access to opportunities, and result in punitive or legal consequences. Because education records may be shared with courts, medical providers, and other important systems, these errors have the potential to negatively impact and shape children’s lives well beyond the classroom.
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Magisterial District Court Judges (MDJs) hear truancy proceedings and have the authority to impose discretionary penalties on families and students. This tool helps MDJs make sure that all attendance barriers have been identified by Local Education Agencies (LEAs), confirm that LEAs have complied with all duties outlined in Pennsylvania’s truancy laws, and provides action steps to address school-based issues.
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Schools have legal obligations under Pennsylvania’s truancy laws to identify and address barriers to student attendance during the School Attendance Improvement Conference. This conference must take place prior to any referral to truancy court and no later than after a student has six unexcused absences. Schools can use this tool to identify attendance barriers and take action steps to be in compliance with truancy laws once a barrier is identified
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Senior Staff Attorney Maura McInerney provided testimony to the Pennsylvania Senate’s Education Committee at their June 9th hearing on truancy. She discussed how punitive responses to truancy can be ineffectual and counterproductive and the importance of school-level interventions to improve attendance.
Truancy
School to Prison Pipeline
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This fact sheet is intended for Magisterial District Justices (MDJs) and other judges to use when adjudicating truancy matters under Pennsylvania’s compulsory school attendance law. It highlights key changes to the law in light of Act 138 of 2016, which substantially changed the truancy provisions of Pennsylvania’s Public School Code.
Read the guide here.
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Senior Staff Attorney Maura McInerney provided testimony to the Pennsylvania Senate’s Education Committee at their June 9th hearing on truancy. She discussed how punitive responses to truancy can be ineffectual and counterproductive and the importance of school-level interventions to improve attendance.