Part 1 Unauthorized Absences from School
Editor's Note: Original Part 1 of Ch. 6, Prohibiting Destruction of Property, adopted by Ord. 530, 7/7/1996, as amended; and original Part 2 of Ch. 6, Pornographic Material, adopted by Ord. 330, 8/22/1977, as amended, were repealed by Ord. 737, 1/19/2017. Original Part 3, Discharge of Firearms, adopted by Ord. No. 279, 2/3/1975, as amended, was repealed by Ord. No. 721, adopted 1/22/2015. Original Part 4, Unauthorized Absences from School, has been redesignated as Part 1 of this chapter.
[Ord. 567, 2/8/2001, § I]
As used in this Part 1, the following terms shall have the meanings indicated:
- COMPULSORY SCHOOL AGE
- The period of a child's life from the time the child's parents elect to have the child enter school, which shall be not later than at the age of eight years, until the age of 17 years. The term shall not include any child who holds a certificate of graduation from a regularly accredited senior high school.
- Any privately owned place of business or any place of amusement or entertainment to which the public is invited.
- Any person, other than a parent who has legal guardianship of a student or is a person in a parental relation, having control or charge of any student.
- HOME EDUCATION PROGRAM
- A program conducted, in compliance with the School Code, by the parent or guardian or such person having legal custody of the child or children.
- The natural or adoptive parents of a student.
- PUBLIC PLACE
- Any public street, highway, road, park, playground, public building, vacant lot or parking area open to the general public, including the interior of any motor vehicle being operated upon or parked upon or standing in or upon any such areas.
- Any institution, public or private, authorized and/or certified by the School Code.
- SCHOOL DAY
- The time period of any day that students are required to attend school.
- SCHOOL TERM
- The period of time elapsing between the opening of schools in the fall of one year and the closing of schools in the spring/summer of the following year.
- Any person of compulsory school age.
- The Township of Warminster, Bucks County, Pennsylvania.
- UNAUTHORIZED ABSENCE
- Any absence from school by a student which is not excused or permitted by school authorities.
[Ord. 567, 2/8/2001, § II]
It shall be unlawful for any student, required by the School Code to attend school, to remain in or play in or upon any public place or at any establishment or to wander, stroll, loiter or stand upon public streets or rights-of-way when such student is required by the School Code to attend school during the school day.
The provisions of this Part 1 shall not apply to any student who:
Has attained the age of 16 years and who is regularly engaged in any useful and lawful employment or service during the time the schools are in session and who holds an employment certificate issued according to law.
Has been examined by an approved mental health treatment facility or by a person certified as a school psychologist or psychological examiner and has been found to be unable to profit from further public school attendance and who has been reported to the Board of School Directors and excused, in accordance with the regulations prescribed by the state.
Has attained the age of 15 years and is engaged in farm work or domestic service in a private home on a permit issued by the school district of the student's residence, in accordance with regulations which the Superintendent of Public Instruction is hereby authorized to prescribe.
Has attained the age of 14 years and is engaged in farm work or domestic service in a private home on a permit issued as provided in Subsection 2C of this section and who has satisfactorily completed, either in a public or private school, the equivalent of the highest grade of the elementary school organization prevailing in the public schools of the district in which he resides, if the issuance of such a permit has first been recommended by the District Superintendent of Schools having supervision of the schools of the district where such child is enrolled, and the reason therefor has been approved by the Superintendent of Public Instruction.
[Ord. 567, 2/8/2001, § III]
Any person who shall fail to comply with this Part 1 shall, on summary conviction thereof, be sentenced to pay a fine of not more than $1,000 and to pay court costs.
[Amended by Ord. 737, 1/19/2017]
The student and every parent, guardian or person in parental relation must appear at a hearing established by the Magisterial District Judge.
In lieu of or in addition to any other sentence imposed under this section, the Magisterial District Judge may order the student to perform community service for a period not to exceed six months.
[Ord. 567, 2/8/2001, § IV]
Every parent, guardian or person in parental relation, having control or charge of any child or children of compulsory school age, who shall fail to comply with the provisions of this Part 1 regarding compulsory school attendance, subject to the exceptions set forth in § 6-102, shall be subjected to the provisions of § 6-103.
Any parent, guardian or person in parental relation, having control or charge of any child or children of compulsory school age, who is convicted of a violation of this Part 1 may be ordered by the Magisterial District Judge to complete an approved parenting education program or counseling offered by a local school district or other community resource in lieu of, or in addition to, any fine imposed.
If the parent, guardian or person in parental relation charged with a summary offense under this section establishes by a preponderance of the evidence that he or she took every reasonable step to insure attendance of the student at school, he or she shall not be convicted of a summary offense.
[Ord. 567, 2/8/2001, § V]
Any police officer who reasonably believes that a student is violating this Part 1 may obtain the information from such student that is required in order to issue a citation to the student.
A copy of the citation and/or written notice of violation of this Part 1 shall be provided to the parent or guardian of the student by the arresting officer advising of the violation.
The student must be transported to the school in which the student is enrolled or the public school in which the student should be enrolled.
Any police officer who is notified by a parent, guardian, or person in parental relation of a student who willfully refuses to attend school shall obtain permission from the parent, guardian or person in parental relation to enter the residence of the parent, guardian or person in parental relation and issue a citation for the violation of this Part 1 to the student and return the student to the school in which the student is enrolled, or the public school in which the student should be enrolled.
If a person suspected of violating this Part 1 refuses to satisfactorily identify himself to a police officer, that person may be temporarily detained to permit the police officer reasonable opportunity to determine his/her identity. If it is determined that the person is a student, subject to compulsory school attendance, then the parent or guardian of such student shall be notified, and the person shall be placed in the school in which the student is enrolled, or the public school in which the person should be enrolled.