The Garcia Family Legal Defense Fund

Why After 5 Years We Keep The Good Fight

I want you to understand why after 5 years, I am still fighting so that no other parent, regardless of the color of their skin would endure the pain, humiliation, and discrimination that my family and I endured.

Schools residency laws in Pennsylvania Stat. (24 Pa. Cons. Stat. § 13-1302) says that this particular violation is a Summary Offense.

 

What is a Summary Offense?

A summary offense is the most minor type of criminal offense in Pennsylvania.

 

Many violations of the Motor Vehicle Code, such as speeding, illegal parking and going through a red light, are summary offenses. However, driving under the influence of alcohol or drugs is not a summary offense, it is a misdemeanor, which is a more serious crime. A summary offense usually results in a fine more information here   https://clsphila.org/learn-about-issues/dealing-summary-offenses

 

I ask you a question: how many people do you know who have committed a summary offense? Or if we want to be more sincere, let's acknowledge that we have all once committed a summary offense.

Do you believe you deserve to be subjected to mug shots, booking, fingerprinting and all of the other protocols exclusively set aside for common criminals? And face 7 years in prison? I don’t think so either.

After more than one year in court litigations and over $60k in attorney’s fees plus paying back $11k tuition as we always agreed to do from day one to the school district. The District Attorney dropped all criminal charges to my wife and reduced mine as a Summary Offense. Of which is already prescribed for in Section 1302 of the Public Schools Code.  

Please read this information that I was able to pull out 5 years ago from the website of the lower Moreland school district.

After the events with us, it is difficult to get this information because it is not as visible as before.

 

Page #1 Quote:

The District board of education has the right to investigate a currently enrolled student’s residency status or make periodic requests for current validation of student’s eligibility status. If a student is already registered and attending school, then no one person such as a superintendent or principal can end a student enrollment in the district. Instead the superintendent or principal must apply to the full board of education for removal of the child, and the parental guardian or caregivers (in case of an Affidavit student) is in then entitled to a hearing before the board of education.

 

The district must provide the parents write notice prior to the hearing.

The District must also wait 21 days from the board decision before removing the child from school during that period time the parents or guardian of the student dispute.  Has the right to appeal the board of education decision to the commissioner.

 

Anyone who can Read the police report and know our case can understand that all of our rights were violated according to these district rules written and imposed by themselves

Let’s fight together to protect our liberty and democracy.

When bright young minds can't have Access to quality education America pays the price.

 

Hamlet Garcia.

03.31.2019

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