If a student continues to accumulate "unlawful" absences following the First Notice Warning Letter, a request for School Attendance Improvement Conference/Plan is now required at day 6 unlawful, before district may take any additional steps to address truancy, such as filing a truancy citation with a Magisterial District Judge at day 12 unlawful and/or referring to Cumberland County Children and Youth Services at 15 or more unlawful.
Act 138 also changes interventions and penalties for truancy. Schools may not expel or impose an out-of-school suspension, disciplinary reassignment, or transfer for truancy alone.
Habitually truant students under 15 must be referred either to a school-based or community-based attendance improvement program or the county children and youth agency.
For students 15 and older, the citation may be filed against the student or an individual in parental relation living with the student.