A truant is a student who stays away from school without permission or an explanation. Truancy laws are designed to encourage school attendance by creating simple court procedures through which children are held accountable for excessive school absences. The courts focus on the best interest of the child when addressing the truant conduct of a child.
Truant conduct is usually prosecuted or addressed as a civil (noncriminal) matter, and the definition and procedures for dealing with truancy are usually located in a state's statutes—often in the family code or education code.
In Pennsylvania, truancy laws are established to ensure that children attend school regularly and to hold them accountable for unexcused absences. Under the Pennsylvania Public School Code, a child is considered truant if they have three unexcused absences during the school year. After the first unexcused absence, the school must provide a written notice to the parents or guardians. If the truant behavior continues, the school may refer the matter to a magisterial district judge. The courts may impose fines on the parents or guardians, require the child to attend a diversionary program, or order other interventions deemed in the best interest of the child. The focus is on remedying the truant behavior rather than punitive measures, and the procedures are civil in nature. Additionally, Pennsylvania law mandates the creation of a Truancy Elimination Plan to address the underlying causes of a child's truant behavior and to provide for the child's educational needs.