• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
KingSpry Logo

King, Spry, Herman, Freund & Faul, LLC.

Attorneys & Counselors

  • 610-332-0390
  • Pay My Bill (Retainer Only)
  • Pay My Bill (All Other Invoices)
  • About
    • About Us
    • Commitment to the Community
    • Firm History
    • Career Opportunities At KingSpry
    • Directions
  • Practices
    • Adoption / ART Law
    • Affordable Housing Law
    • Bankruptcy Law
    • Business Law
    • Education Law
    • Employment Law
    • Estate Planning / Administration
    • Family Law
    • Investigations and Compliance Services
    • Litigation
    • Local Taxation and Assessment
    • Municipal Law
    • Public Finance
    • Real Estate Law
    • Special Education Law
  • Team
  • Greyfriars
  • News
    • News
    • Articles
  • Podcasts
    • Landmarks Podcasts
    • Legal Lunch Room Podcasts
  • Review
  • Contact

Pennsylvania Supreme Court Says Kindergarten Students Must Attend School

Posted on July 8th, 2014
by Rebecca A. Young

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.

 

Primary Sidebar

Contact Us

Contacting any of the attorneys at KingSpry by e-mail or other means does not create an attorney-client relationship. Therefore, you should not send confidential information through this form or by e-mail. Unless and until you speak with one of our attorneys and an attorney-client relationship is formally established by that attorney's agreement to represent you, you should not send us confidential information. If you are not currently a client of King, Spry, Herman, Freund & Faul, LLC, your e-mail is not considered confidential.

From Our Articles

A green stylized logo with the letters "K" and "S" combined within a green square. The "K," formed by abstract shapes, is to the left while the conventional "S" on the right balances it perfectly. Ideal for your homepage branding.

New York Law Grants Employees Access to their Personnel Records

November 10, 2026

On September 9, New York Governor Kathy Hochul signed Senate Bill No. 3460 into law, amending New York’s labor

A green stylized logo with the letters "K" and "S" combined within a green square. The "K," formed by abstract shapes, is to the left while the conventional "S" on the right balances it perfectly. Ideal for your homepage branding.

Small, Yet BIG Changes to the Municipalities Planning Code

November 3, 2026

On October 8, 2026, Pennsylvania Governor Josh Shapiro signed Act 58 of 2026 into law. Act 58 amends the

Footer

King Spry White Logo

Quick Link

About KingSpry Commitment to the Community Firm History Career Opportunities at KingSpry Directions

Practice Areas

Adoption / ART Law Affordable Housing Law Bankruptcy Law Business Law Education Law Employment Law Estate Planning / Administration Family Law
Investigations and Compliance Services Litigation Local Taxation and Assessment Municipal Law Public Finance Real Estate Law Special Education Law

Contact

phone

610-332-0390

email

contact@kingspry.com

location

1 West Broad Street. Suite 700 Bethlehem, PA 18018

location

American Heritage Building. 4400 Walbert Avenue Allentown, PA 18104

Facebook Youtube LinkedIn

Pay My Bill (Retainer Only) Pay My Bill (All Other Invoices)

Copyright © 2026. King Spry. All Rights Reserved. Privacy Policy