ASSEMBLY, No. 2743

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 27, 1997

By Assemblywoman FRISCIA and Assemblyman GARCIA

An Act concerning truancy and amending N.J.S.18A:38-31 and supplementing chapter 38 of Title 18A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.18A:38-31 is amended to read as follows:

    18A:38-31. A parent, guardian or other person having charge and control of a child between the ages of 6 and 16 years, who shall fail to comply with any of the provisions of this article relating to his duties, shall be deemed to be a disorderly person and shall be subject to a fine of not more than $25.00 for a first offense and not more than $100.00 for each subsequent offense and up to 30 days in jail for each offense, in the discretion of the court.

    In any such proceeding, the summons issuing therein, or in special circumstances a warrant, shall be directed to the alleged disorderly person and the child.

(cf: P.L.1980, c.153, s.1)

    2. (New section) a. A parent, guardian or other person having charge and control of a child between the ages of 6 and 16 years, who fails to comply with any of the provisions of article 3 of chapter 38 of Title 18A of the New Jersey Statutes relating to his duties, shall be assessed a penalty fixed at $250 for each offense.

    All penalties provided for in this section shall be in addition to and not in lieu of any fine or jail time authorized by law pursuant to N.J.S.18A:38-31.

    b. The penalty provided for in this section shall be forwarded to the Department of Education to be deposited in a nonlapsing fund to be known as the "Anti-truancy Fund." Interest received on moneys in the fund shall be credited to the fund. Moneys in the fund shall be used to reimburse those persons who have been assessed a penalty pursuant to this section, if the person provides to the Department of Education satisfactory proof that the child has not been absent from school for any unexcused reason for 60 consecutive days after the imposition of the penalty.

    c. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section.

    3. This act shall take effect immediately.

STATEMENT

    This bill provides that any parent, guardian or other person having charge and control of a child between the ages of 6 and 16 years of age who fails to comply with the provisions of article 3 of chapter 38 of Title 18A of the New Jersey Statutes regarding his duties as to compulsory education may be subject to incarceration of up to 30 days. The bill further provides that in addition to the fine currently provided for under N.J.S.18A:38-31, the parent, guardian or other person having charge and control of the child may be required to pay a penalty of $250 for each offense. This penalty would be deposited in a fund administered by the Department of Education and the penalty would be refunded to the parent, guardian or other person having charge and control of the child upon submission to the department of satisfactory proof that the child has not been absent from school for any unexcused reason for 60 consecutive days after the imposition of the penalty.

Increases penalties for parents of truants.