As the deadline to enroll kindergarten students for next school year approaches, parents and schools are on notice that kindergarten students are subject to compulsory school attendance.
On June 16, the Pennsylvania Supreme Court affirmed that parents of kindergarten students must comply with compulsory attendance laws.
Facts in the Case
In this case, the parent enrolled her twin 5-year-old daughters in kindergarten. By December, there were at least three unexcused absences from school. The District issued truancy citations and the parent was found guilty of a summary offense for failing to ensure the girls’ regular attendance to school.
On appeal, the parent relied on materials from the website of the Pennsylvania Department of Education which stated that students were of compulsory school age upon enrollment in first grade, not kindergarten. She argued that the truancy laws did not apply because (a) children do not have to attend school until they are in first grade; and (b) school districts are not required to provide a kindergarten education.
Because kindergarten attendance is optional to parents and school districts, the parent claimed, the concept of compulsory attendance does not apply. The trial court noted the potential for confusion about the difference between the “age of beginners” and “compulsory school age” as set forth in the Public School Code and PDE regulations.
However, the trial court noted that school districts are required to enroll students when parent present them for an education. It would not make sense that school districts could not thereafter count on students attending school. Thus, the trial court determined that children become of compulsory school age upon their enrollment in school, whether parents elect to begin the child’s education in kindergarten (if offered by the district) or first grade.
The Court History
In February, 2013, the Commonwealth Court affirmed the trial court’s decision. The Commonwealth Court’s analysis noted that the Public School Code provisions are not ambiguous. That is, the Code clearly states that students are of “compulsory school age” from the date parents enroll them in school until they turn 17 or graduate, whichever comes first. PDE’s regulations state that compulsory school attendance applies to students who enter as “beginners,” which may occur no later than the age of 8 years.
The regulations further define “beginners” as students who enter a school district’s lowest elementary grade that is above kindergarten. Agency regulations and interpretation control unless they are clearly erroneous or contradict the underlying statute. Here, the Public School Code requires school attendance from the date that students are enrolled in school. Thus, truancy laws apply to all students enrolled in public school.
The Supreme Court decision notes that school districts do not have to offer kindergarten programs. However, when kindergarten is offered, it is considered an important part of the school district’s overall program. Further, the compulsory attendance provisions of the law state unequivocally that students of “compulsory school age” must attend school regularly. Compulsory school age begins upon enrollment in school. Thus, students enrolled in kindergarten are subject to compulsory school attendance.
The Bottom Line
School districts still do not have to offer kindergarten programs, and parents do not have to enroll students in kindergarten. However, the decision imposes obligations on parents and school districts to ensure that students attend school from the first date that they are enrolled, whether in kindergarten or first grade.
School Law Bullets are a publication of the KingSpry Education Law Practice Group. John E. Freund, III, is our editor. The article is meant to be informational and does not constitute legal advice.
