Attendance Information
Regular, punctual school attendance is an important factor in your child's academic success.
Pennsylvania state law indicates that all students must attend school each day and can only be excused from school for bona fide or urgent reasons as indicated by law. Any absence that is not an excused absence is considered an unlawful absence for students under compulsory attendance. Vacation is not considered an urgent reason for absence from school.
Per RTSD Board Policy No. 204, Attendance, written or digital verification of the reason for absence must be submitted within three days of your child's return to school; otherwise, the absence will be recorded as unexcused. Once the academic school year ends, no changes can be made to your child's attendance record.
Submitting Excuse Notes
Please send absence/early dismissal/tardy excuse notes to your school's designated attendance email address.
- Radnor High School: RHS_absence@rtsd.org
- Radnor Middle School: RMS.absence@rtsd.org
- Ithan Elementary School: IES_absence@rtsd.org
- Radnor Elementary School: RES_absence@rtsd.org
- Wayne Elementary School: WES_absence@rtsd.org
Attendance Procedures
- Absence Procedure
- Early Dismissal Procedure
- Tardiness Procedure
- Excessive Absences
- Family Trips/Educational Tours/College Visits
- State Compulsory Attendance Laws
- RTSD Board Policy AR 204 - Attendance
Absence Procedure
- Radnor High School: RHS_absence@rtsd.org
- Radnor Middle School: RMS.absence@rtsd.org
- Ithan Elementary School: IES_absence@rtsd.org
- Radnor Elementary School: RES_absence@rtsd.org
- Wayne Elementary School: WES_absence@rtsd.org
An absence excuse note must contain the following information:
- Student's full first and last name
- Student grade level
- Date(s) of the absence
- Reason for the absence
- Parent/guardian full first and last name
Please note that phone calls do not replace a written or digital excuse. If a written/email absence excuse note is not submitted to the classroom teacher (elementary) or school attendance secretary (middle/high school) within that this three day time period, the absence is recorded as unexcused and is deemed by the state to be an illegal absence.
Early Dismissal Procedure
For early dismissals, a note (written or email) is required including the following information:
- Student's full first and last name
- Student grade level
- Date(s) of the absence
- Reason for the absence
- Parent/guardian full first and last name
*RHS students are expected to pick up their early dismissal pass prior to 8:30 am from the Attendance Office, communicate with their teachers if missing class and/or assessments then sign out on the Chromebook at their dismissal time and/or sign back in on the Chromebook at the Attendance Office. If there are any last-minute appointments or emergencies that occur on the day of, you may email RHS_absence@rtsd.org or call the RHS Attendance Office at 610-293-0855, x3536. You may also walk in, check-in with Security, and complete a note at the Attendance Office.
Tardiness Procedure
Students must be in the classroom by the defined start of the school day (RHS: 8:30 a.m.; RMS: 7:50 a.m., Elementary: 9:05 a.m.) or they are considered tardy to school.
If your student is tardy to school, a late note (written or email) is required, including the following information:
- Student's full first and last name
- Student grade level
- Date(s) of the absence
- Reason for the absence
- Parent/guardian full first and last name
*Students entering the building after the defined start of the school day must enter through the main entrance and stop at the main office (elementary) or attendance office (middle and high school) for a pass before being admitted to the classroom. Parents of elementary students must enter with the student to sign excuse forms.
Excessive Absences
Family Trips/Educational Tours/College Visits
In order for days out of school to be approved for family trips, educational tours or college visits, the Educational Trip Request Form must be submitted to the building principal a minimum of 10 days prior to the trip. Please note that trips will not be approved during the first two weeks of school, in cases of excessive absences, during standardized testing windows, or if the child is in academic jeopardy. Please refer to the request form for additional guidelines.
State Compulsory Attendance Laws
The state’s compulsory attendance laws provide consequences for failure to submit written excuses. When a student accumulates a minimum of five (5) unexcused absences, parents/legal guardians may be notified by a document known as a “First Legal Notice.” This document lists the dates of unexcused absences and serves to remind parents/legal guardians that written excuses must be submitted for all future absences. Once an absence is determined to be unexcused, it may not be changed to an excused absence.
If a student accumulates an additional unexcused absence after a First Legal Notice has been served, the parent/legal guardian will be cited for a violation of the compulsory attendance laws of Pennsylvania. A citation is issued through the office of a District Court Justice. A parent/legal guardian has fifteen (15) days in which to respond to the citation. Responses include (1) paying the fine or (2) requesting a hearing before the District Justice. Failure to do either within 15 days results in the issuance of a bench warrant against the parent/legal guardian.
RTSD Board Policy AR 204 - Attendance
IMPLEMENTATION DATE: JUNE 26, 2018; UPDATED: NOVEMBER 10, 2023
204-AR. ATTENDANCE
Definitions
For purposes of this Administrative Regulation and the accompanying Board Policy, the following definitions shall apply:
- Absence – the nonattendance of a student on those days and half days when school is in session.
- Excused absence – includes the absence of a student for any of the reasons listed in the section below titled “Excused Absences.”
- Unexcused absence – the absence of a student for any reason that does not qualify as an excused absence, as listed below. Examples include, but are not limited to, illness of another family member, helping the family to move, babysitting/child care, missing the bus, oversleeping, leaving school without authorization, etc. If written verification of the reason for absence is not received within three (3) days of the return to school, the absence will automatically be recorded as unexcused. The mere fact that a parent/guardian has written an excuse does not mean the absence is excused. Reasons for absence of a doubtful nature are subject to administrative review.
- Unlawful absence – an unexcused absence for a student of compulsory school age. An unlawful absence is always an unexcused absence.
- Tardiness – absence of a student at the beginning of any morning or afternoon session, provided the student is in attendance before the close of that session.
- Excused tardiness – absence of a student at the beginning of any morning or afternoon session that is due to any of the reasons that may be excused for full day absence.
- Unexcused tardiness – lateness for any reason that does not qualify as excused tardiness. Examples of unexcused tardiness to school include, but are not limited to, the following: employment, missing the bus, accommodations to others schedules, babysitting/child care, etc.
- Compulsory school age shall mean the period of a child’s life from the time the child’s parents elect to have the child enter school, which shall not be later than the age of six (6) years, until the age of eighteen (18) years. The term shall not include any child who holds a certificate of graduation from a regularly accredited senior high school.
- Truant shall mean having incurred three (3) or more school days of unexcused absences during the current school year by a child subject to compulsory school attendance.
- Habitually truant shall mean having incurred six (6) or more school days of unexcused absences during the current school year by a child subject to compulsory school attendance.
- Person in parental relation shall mean (1) a custodial biological or adoptive parent; (2) a noncustodial biological or adoptive parent; (3) guardian of the person of a child; or (4) a person with whom a child lives and who is acting in a parental role of a child.
- School attendance improvement conference shall mean a conference where the child’s absences and reasons for the absences are examined in an effort to improve attendance, with or without additional services. The following individuals shall be invited to the conference: (1) the child; (2) the child’s person in parental relation; (3) other individuals identified by the person in parental relation who may be a resource; (4) appropriate school personnel; and (5) recommended service providers.
- School-based or community-based attendance improvement program shall mean a program designed to improve school attendance by seeking to identify and address the underlying reasons for a child’s absences. The term may include an educational assessment in an alternative education program, provided the program does not include a program for disruptive youth.
Tracking Attendance
School principals, or their designees, shall have the following powers and responsibilities:
- Tracking student attendance.
- Communicating with parents/guardians regarding truancy.
- Coordinating, attending and participating in school attendance improvement conferences and documenting the outcome of the conference in a written school attendance improvement plan in accordance with the guidelines contained herein.
- Filing truancy citations in the Magisterial District Court when deemed necessary.
- Attending court procedures related to truancy and presenting truancy cases in court.
- Requesting the Magisterial District Court to subpoena any school staff member as a witness in order to prove the District’s truancy case.
- Referring habitually truant children to a school-based or community-based attendance improvement program or to the Delaware County Office of Children and Youth for services when appropriate and/or required or permitted by law.
Unexcused Absences
All absences are considered unexcused until the District receives a written note or email documenting a valid reason for the absence, as detailed below.
General Attendance Guidelines
Attendance need not always be within school facilities. A student will be considered in attendance if present at any place where school is in session by authority of the Board; the student is receiving approved tutorial instruction, or health or therapeutic services; the student is engaged in an approved and properly supervised independent study, work-study or career education program; the student is receiving approved homebound instruction; or the student’s placement is instruction in the home.
In the event of a public health emergency, parents/guardian are to work with the building principal regarding extended absences.
Excused Absences
A student absence is considered excused under the following circumstances:
(1) When the student is prevented from attendance for mental, physical, or other urgent reasons such as:
- Illness
- Quarantine
- Family emergency
- Death of a family member
- Participation in a musical performance in conjunction with a national veterans' organization or incorporated unit for an event or funeral. The national veterans' organization or incorporated unit must provide the student with note in advance of the absence indicating the date, location and time of the event or funeral.
- Medical or dental appointments
- Authorized school activities
- Pre-approved educational travel, including college visitations.
- This category of absence is limited to 5 school days per school year.
- Special requests with unusual circumstances or exceptional opportunities for learning beyond 5 days, but limited to 10 days, should be discussed personally with the building principal well in advance of the requested dates for absence.
- Any requests for travel in this category greater than 10 day required approval from the Superintendent or designee.
- Pre-approved religious instruction (limit 36 hours per year)
- Bona fide religious holiday
- For purposes of receiving tutorial instruction in a field not offered in the District’s curricula when the excusal does not interfere with the student’s regular program of studies, the qualifications of the tutor or instructor are satisfactory to the Superintendent or designee, and permission for such excusal is sought in writing by the parent/guardian of the child in advance of the commencement of such tutoring.
- For circumstances related to homelessness or placement in foster care.
(2) When the student is required to leave school for the purposes of attending court hearings related to their involvement with the county children and youth agency or juvenile probation office.
(3) If the student is absent due to participation in a project sponsored by an organization that is eligible to apply for a grant under the Pennsylvania Agricultural Fair Act.
(4) If a student is dismissed from school during school hours for health-related reasons by a certified school nurse, registered nurse, licensed practical nurse or a school administrator or designee employed by the District.
(5) For the purpose of obtaining professional health care or therapy service rendered by a licensed practitioner of the healing arts in any state, commonwealth or territory.
(6) If a student whose parent or legal guardian has been called to duty for, is on leave from, or is immediately returned from deployment to a combat zone or combat support posting, with regard to school attendance, tests and extra-curricular or cocurricular activities, at the discretion of the Superintendent or designee, no penalties shall be imposed for absences of up to five (5) days. Teachers shall assist students in making up work caused by such absences.
(7) Where the Superintendent has approved an attendance plan necessitated by rare and extraordinary circumstances. In this context, “rare” means typically no more than 1 or 2 per year District-wide and “extraordinary circumstances” means the student is engaged in a profession or activity at a nationally recognized level.
Ten Consecutive Absences & Cumulative Lawful Absences for Illness
Students who miss ten consecutive school days shall be dropped from the active membership roll unless the school is provided with evidence that the excuse is legal or the school is pursuing compulsory attendance prosecution. Should the student subsequently return to the school, they will not be guaranteed placement in the same classroom as the one left before the withdrawal from attendance.
A maximum of ten days of cumulative lawful absences for illness verified by parental notification may be permitted during a school year. All absences for illness beyond ten cumulative days per school year shall require an excuse from a treating physician or medical provider of the child who shall not be the child’s parent/guardian.
Policy Notification
Parents/guardians shall be given copies of the District’s attendance Policy and Administrative Regulation at the beginning of each school year and at time of enrollment for new students, upon request. This Administrative Regulation and the accompanying Board Policy will be posted on the District’s website.
School Responses & Procedures for Unexcused Absences
Parents/guardians and students shall submit the required excuse note within three (3) days of the student’s return to school after the absence. The failure of the parent/guardian to provide the written excuse in a timely manner will cause the absence to be permanently categorized as “unexcused” and will trigger the procedures set forth below.
- First & Second Unexcused Absence: The school principal, assistant principal or designee shall send a notice of unexcused absence to the student’s parent/guardian, which describes the consequences of a child violating compulsory school attendance requirements. In addition, the name and telephone number of a designated school official shall be included so that parents/guardians are able to contact a specific person to request assistance in resolving the child’s absenteeism. (See Attachment 1)
- Third Unexcused Absence: Within ten (10) school days of a child’s third unexcused absence, the school principal, assistant principal or designee shall send an Official Notice of Truancy. (See Attachment 2). Included in this notice shall be a description of the consequences if the child becomes habitually truant. This notice may include the offer of a school attendance improvement conference, and shall be in the mode and language of communication preferred by the parent in parental relation to the child. When transmitted to a person who is not the biological or adoptive parent, such notice shall also be provided to the child’s biological or adoptive parent if the parent’s mailing address is on file with the school and the parent is not precluded from receiving the information by court order.
Continued Absenteeism
If the child continues to incur unexcused absences after the issuance of the Official Notice of Truancy, the school shall then offer by advance written notice a school attendance improvement conference to the child and the person in parental relation to the child, unless a conference was previously held following the Official Notice of Truancy. (See Attachment 3). The following shall apply with respect to a school attendance improvement conference:
- There is no legal requirement that the child or person in parental relation attend the conference, and the conference shall occur even if the person in parental relation declines to participate or fails to attend the scheduled conference after advance written notice and attempts to communicate via telephone.
- The outcome of the conference shall be documented in a written school attendance improvement plan, on the template provided by the Department of Education for this purpose.
- Further legal action may not be taken to address unexcused absences by the child until after the date for the scheduled school attendance improvement conference has passed.
The District shall not expel or impose out-of-school suspension, disciplinary reassignment or transfer for truant behavior.
Procedure for Addressing Habitually Truant Children
When a child is habitually truant and under fifteen (15) years of age at the time of referral, the school:
- (a) Shall refer the child to either (1) a school-based or community-based attendance improvement program or (2) the Delaware County Office of Children and Youth for services or possible disposition as a dependent child.
- (b) May file a citation in the office of the magisterial district judge having jurisdiction in the region against the person in parental relation who resides in the same household as the child. The venue for the filing of such a citation shall be based on the location of the school in which the child is enrolled or shall be enrolled, unless the child is enrolled in a cyber charter school, in which case the proper venue shall be based on the residence of the child.
When a child is habitually truant and fifteen (15) years of age or older at the time of referral, the school shall either
- (a) Refer the child to a school-based or community-based attendance improvement program or service.
- (b) File a citation in the office of the magisterial district judge having jurisdiction in the region against the child or the person in parental relation who resides in the same household as the child. The venue for the filing of such a citation shall be based on the location of the school in which the child is enrolled or shall be enrolled, unless the child is enrolled in a cyber charter school, in which case the proper venue shall be based on the residence of the child.
If a child who is fifteen (15) years of age or older continues to incur additional unexcused absences after being referred to a school-based or community-based attendance improvement program or fails to participate in the such a program as recommended through the school attendance improvement conference, the school may refer the child to the Delaware County Office of Children and Youth for possible disposition as a dependent child.
When referring a habitually truant child to the Delaware County Office of Children and Youth or filing a citation with the magisterial district judge having jurisdiction over the region, the school shall provide verification that a school attendance improvement conference was held.
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 school attendance if any of the following circumstances apply:
- A proceeding is already pending against the child or 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.
- A referral for services has been made to the Delaware County Office of Children and Youth, the agency has not closed the case, and the District has not consulted with the Delaware County Office of Children and Youth prior to filing the petition.
- A petition has been filed alleging the child is dependent due to being habitually truant and the case remains under the jurisdiction of the Juvenile Court.
Charter Schools
Charter schools, regional charter schools, and cyber charter schools shall establish an attendance policy designed to accurately determine when a child who is enrolled in a charter, regional charter or cyber charter school has an unexcused absence, which may differ from the policy of the school district in which the child resides.
Charter, regional charter and cyber charter schools shall report unexcused absences directly to the Department of Education annually through the Pennsylvania Information Management System (PIMS).
Nonpublic Schools
Nonpublic schools shall establish an attendance policy designed to accurately determine when a child who is enrolled in a nonpublic school has an unexcused absence, which may differ from the policy of the school district in which the child resides.
Exempt from Compulsory Attendance
The following students shall be excused from the requirements of attendance at District schools, upon request and with the required approval:
- On certification by a physician or submission of other satisfactory evidence and on approval of the Department of Education, children who are unable to attend school or apply themselves to study for mental, physical or other reasons that preclude regular attendance.
- Students enrolled in nonpublic or private schools in which the subjects and activities prescribed by law are taught.
- Students attending college who are also enrolled part-time in District schools.
- Students attending a home education program or private tutoring in accordance with law.
- Students fifteen (15) or sixteen (16) years of age whose enrollment in private trade or business schools has been approved.
- Students fifteen (15) years of age, as well as students fourteen (14) years of age who have completed the highest elementary grade, engaged in farm work or private domestic service under duly issued permits.
- Students sixteen (16) years of age regularly engaged in useful and lawful employment during the school session and holding a valid employment certificate. Regularly engaged means thirty-five (35) or more hours per week of employment.
Attachment 1
Attachment 1 First or Second Unexcused Absence
To the Parent(s)/Guardian(s) of: STUDENT NAME
ADDRESS
CITY, STATE, ZIP
Dear ,
Your child, was absent without a valid excuse on . This letter is sent to make you aware that this/these absence(s) has/have been categorized as unexcused because the District has not received a valid written excuse for the absence. If accumulates a total of three or more unexcused absences, they will be considered truant under Pennsylvania law.
Regular attendance at school is an important part of every student’s success and is necessary in order to gain the greatest benefit from the educational experience. Students who are frequently absent from school miss direct instruction and regular contact with their teachers. In accordance with Pennsylvania law, the District is legally required to respond to truancy. Should your child become truant, the District will respond in accordance with the procedures detailed in Board Policy and Administrative Regulation 204 (Attendance) and applicable law.
Our District has active student assistance services that are available to you and your family to ensure that your child reaches their full potential. Should you wish to schedule a school attendance improvement conference to discuss your child’s absences and the underlying cause/reasons for the absences with the goal of improving your child’s school attendance, please feel free to contact me. If you have any questions, please call my office at or the guidance office at so that we may work together to ensure ’s educational success.
Sincerely,
________________________________ ______________
(Assistant) Principal/Attendance Officer Date
Enclosures: 24 P.S. Sec. 1333.3- (Penalties for Violation of Compulsory Attendance Requirements); Board Policy & Administrative Regulation 204 (w/o Attachments)
cc: School Counselor
Student File
Attachment 2
Attachment 2 3rd Unexcused Absence
VIA CERTIFIED MAIL
To the Parent(s)/Guardian(s) of:
STUDENT NAME
ADDRESS
CITY, STATE, ZIP
Re: Official Notice of Truancy
Dear ,
This letter is to officially notify you that has been absent from school without a lawful excuse on the following dates: .
Since your child has accumulated three (3) unexcused absences from school, in accordance with Pennsylvania law, they are now considered truant, and in violation of the compulsory attendance provision of the Pennsylvania Public School Code (24 P.S. 13-1327).
Regular attendance at school is an important part of every student’s success and is necessary in order to gain the greatest benefit from the educational experience. Students who are frequently absent from school miss direct instruction and regular contact with their teachers. At this time, you are strongly encouraged to contact me to schedule a school attendance improvement conference to discuss your child’s absences and the underlying cause/reasons for the absences with the goal of improving your child’s school attendance.
Please understand that if your child becomes habitually truant as defined in Pennsylvania law, the District is required to refer your child to either a school-based or community-based attendance improvement program or to the Delaware County Office of Children and Youth for services or possible disposition as a dependent child. A citation may also be filed against you and/or your child in the office of the local magisterial district judge for prosecution. Consequences stemming from truancy proceedings before the local magisterial district judge can include fines, community service, loss of driving privileges, required completion of a course or program designed to improve school attendance, or jail time.
If you have any questions, please call my office at or the guidance office at so that we may work together to ensure ’s educational success.
Sincerely,
________________________________ ______________
(Assistant) Principal/Attendance Officer Date
Enclosures: 24 P.S. Sec. 1333.3- (Penalties for Violation of Compulsory Attendance Requirements); Board Policy & Administrative Regulation 204 (w/o Attachments)
cc: School Counselor
Student File
Attachment 3
Attachment 3
After 3rd Unexcused Absence To Schedule School Attendance Improvement Conference (Unless A Conference Was Previously Held Following Official Notice of Truancy)
To the Parent(s)/Guardian(s) of:
STUDENT NAME
ADDRESS
CITY, STATE, ZIP
RE: NOTICE OF SCHOOL ATTENDANCE IMPROVEMENT CONFERENCE
Dear ,
This letter is to officially notify you that has been absent from school without a lawful excuse on the following dates: .
These absences are unexcused and, therefore, constitute a violation of the compulsory attendance provision of the Pennsylvania Public School Code (24 P.S. 13-1327). On , you were advised via an Official Notice of Truancy that your child is now considered truant in accordance with Pennsylvania law. Since your child has incurred at least one additional unexcused absence since the issuance of the Official Notice of Truancy, and since a school attendance improvement conference has not yet been held, this letter is to advise you that such a conference is required to be scheduled by law. The conference is scheduled to take place on at o’clock and will be located at . If you have any questions or are unable to attend the conference at the scheduled time and would like to have the conference rescheduled to a more convenient time, please contact me as soon as possible. Additional information regarding school attendance improvement conferences is contained in the enclosed Administrative Regulation 204 (Attendance).
Please understand that if your child continues to incur unexcused absences from school, and becomes habitually truant as defined in Pennsylvania law, the District is required to refer your child to either a school-based or community-based attendance improvement program or to the Delaware County Office of Children and Youth for services or possible disposition as a dependent child. A citation may also be filed against you and/or your child in the office of the local magisterial district judge for prosecution. Consequences stemming from truancy proceedings before the local magisterial district judge can include fines, community service, loss of driving privileges, required completion of a course or program designed to improve school attendance, or jail time.
If you have any questions, please call my office at or the guidance office at so that we may work together to ensure ’s educational success.
Sincerely,
________________________________ ______________
(Assistant) Principal/Attendance Officer Date
Enclosures: 24 P.S. Sec. 1333.3- (Penalties for Violation of Compulsory Attendance Requirements); Board Policy & Administrative Regulation 204 (w/o Attachments)
cc: School Counselor
Student File
[TO BE INCLUDED WITH ATTACHMENTS 1, 2 AND 3]
24 PA Statute Sec. 1333.3
Section 1333.3- Penalties for Violation of 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.