[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.
ESTABLISHMENT
Any privately owned place of business or any place of amusement
or entertainment to which the public is invited.
GUARDIAN
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.
PARENT
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.
SCHOOL
Any institution, public or private, authorized and/or certified
by the School Code.
SCHOOL CODE
The Public School Code of 1949, as amended.
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.
STUDENT
Any person of compulsory school age.
TOWNSHIP
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]
1. 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.
2. The provisions of this Part 1 shall not apply to any student who:
A. 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.
B. 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.
C. 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.
D. 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]
1. 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]
2. The student and every parent, guardian or person in parental relation
must appear at a hearing established by the Magisterial District Judge.
3. 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]
1. 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 §Â
6-102, shall be subjected to the provisions of §Â
6-103.
2. 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.
3. 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]
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
