Truancy age of majority

[Shanbender]

Jurisdiction

Pennsylvania

My son turned 18 last July. I have not filed my taxes yet this year and I plan on not claiming him since he will be acquiring work. My adult son has decided he wants to withdraw from high school and get his GED and become employed (Covid really affected his grades and doesn't want to repeat classes anymore). Since he is an adult and he has a reasonable plan I support his decision. He has procrastinated going into the school to actually sign himself out. I recently received several court summons for him and myself for compulsory violations. At first, I was confused because since he's an adult he shouldn't be compulsory for anything and therefore can't be punished/fined. However, in my researches I have learned that just last year Pennsylvania changed the compulsory age to go through the age of 18 instead of at the age of 18. I, too, am to summoned. My questions are: Is it accurate that magisterial district court CAN NOT charge both child and parent? And since he is 18 how am I liable at all? I cannot force an adult to go to school! Just for thought…. If I'm not liable because he's and adult and since the school is saying he's not an adult until 19 then who liable for his truancy? I don't own him, he doesn't own himself… since the school is the only institution in the state that says 18 is no longer age of majority then does that mean the school is his guardian?

 

[adjusterjack]

My son turned 18 last July. I have not filed my taxes yet this year and I plan on not claiming him since he will be acquiring work.

You're referring to 2021 taxes? There's no reason not to take him as a dependent as long as he was living with you and you were supporting him and the other qualifications apply.

See Page 18 of the 1040 instructions:

2021 Instruction 1040 (irs.gov)

n my researches I have learned that just last year Pennsylvania changed the compulsory age to go through the age of 18 instead of at the age of 18.

That doesn't make sense. You may be misinterpreting something. Read this bulletin from the Dept of Ed.

Compulsory School Attendance, Unlawful Absences, and School Attendance Improvement Conferences (pa.gov)

And see the section on Characterizing Absences where you'll find the following sentence:

All absences should be treated as unlawful until the school or nonpublic school receives a written excuse explaining the reason(s) for an absence.

That's what happened. The school people don't know what's going on until you and your son tell them what's going on.

You're in a dither over nothing. It's clear from that bulletin that an 18 year old is no longer subject to compulsory education. Answer the summons in whatever manner the summons requires and get your son to the school to do whatever it takes to withdraw as an adult.

 

[zddoodah]

My son turned 18 last July. I have not filed my taxes yet this year and I plan on not claiming him since he will be acquiring work. My adult son has decided he wants to withdraw from high school and get his GED

A couple things. First, I'm not sure why his future plans would result in you not claiming him as a dependent for the year that ended two months ago (assuming he otherwise qualifies as your dependent). Second, if he turned 18 seven-plus months ago, isn't he set to graduate at the end of this school year?

However, in my researches I have learned that just last year Pennsylvania changed the compulsory age to go through the age of 18 instead of at the age of 18.

What have you read that says this? I'm guessing you didn't read that actual law.

"Compulsory school age" is defined by statute to "mean the period of a child's life from the time the child's parents elect to have the child enter school and which shall be no later than six (6) years of age until the child reaches eighteen (18) years of age." 24 P.S. section 13-1326.

He cannot be compelled to go to school, and neither of you should be held liable for anything. Of course, you'll both need to deal with the summonses. Providing a copy of his birth certificate to show that he's 18 should suffice. You may wish to consult with a local attorney about procedures.