[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Southampton 1-18-2000 by Ord. No. 341. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The period of a child's life from the time the child's parents
elect to have the child enter school, which shall not be 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 carried on for profit
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.
The natural or adoptive parents of a student.
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.
The Public School Code of 1949, as amended.
The time period of any day that students are required to
attend school.
The period of time elapsing between the opening of schools
in the fall of one year and the closing of schools in the spring of
the following year.
Any person of compulsory school age.
The Township of Upper Southampton, County of Bucks, Commonwealth
of Pennsylvania.
Any absence from school by a student which is not excused
or permitted by school authorities.
A.
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 or stroll upon public streets
or rights-of-way when such student is required by the School Code
to attend school during the school day.
B.
The provisions of this chapter shall not apply to
any student who:
(1)
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.
(2)
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 Board of Elections.
(3)
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 Board or the designated school official of the school
district of the student's residence, in accordance with regulations
which the Superintendent of Public Instruction is hereby authorized
to prescribe.
(4)
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 B(3) of this section, and who has satisfactorily completed, either in public or private schools, 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 resides or by the principal of the private school where such child is enrolled, and the reason therefor has been approved by the Superintendent of Public Instruction.
A.
Any person who shall fail to comply with this chapter
shall, on summary conviction thereof, be sentenced to pay a fine not
exceeding $300 and to pay court costs.
B.
The student and every parent, guardian or person in
parental relation must appear at a hearing established by the District
Justice.
C.
In lieu of or in addition to any other sentence imposed
under this section, the District Justice may order the student to
perform community service for a period of not to exceed six months.
A.
Any police officer who finds a student violating this
chapter 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 shall be provided to the parent or guardian
of the student by the police officer or his designee advising of the
violation. The student should then be transported to school.
B.
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, and issue a citation for the violation
of the chapter to the student and return the student to the public
school in which the student is, or should be, enrolled.
C.
If a person suspected of violating this chapter 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 suspect is a student, subject to compulsory school attendance,
then the parent or guardian of such student shall be notified and
unless requested by such parent, guardian or person in parental relation
to place such student in a school other than the public school, the
student may be placed in the public school in which the student is,
or should be, enrolled.
