January 31, 2014

Dear members of Pennsylvania legislative Education Committee, State and Federal Lawmakers; In America, your zip code or your socioeconomic status should never determine the quality of your education. U.S Secretary of Education, Arne Duncan My name is Hamlet Garcia and I am a father, husband and longtime Pennsylvania resident Since 2011, I became a strong children and family advocate supporting and advocating for the educational and civil rights of children, regardless of the color of their skin, socioeconomic status or 5 Digit Zip Code Why did I become an advocate? I do not want to see another family arrested for stealing a public education. School residency issues should be handled as civil administrative matters. In 2011, my wife and I were separated for a few months. My wife and daughter moved to Montgomery County with her father. We reconciled and as a result my wife and daughter moved back to Philadelphia school district two months before the school year ended. Please note, Montgomery County is 2 blocks away from my home in Philadelphia. . Later that year, my wife and I were arrested and charged with, Felony of 3 degree , which carries a maximum sentence of 7 years in jail, for stealing 2 months worth of Kindergarten education for my five year old daughter In 2013, I had to make a huge sacrifice, on behalf of my wife and daughter, I had to plead guilty to stealing a public education, pay over $10,700 dollars in restitution for two months of kindergarten education and a $100 dollar fine. As a result, I am writing this letter requesting your support in Pennsylvania to stop the arrest of parents charged with felony larceny for stealing of an education for their child or grandchildren. There is a solution that benefits all sides! This can be done at NO cost to Pennsylvania taxpayers if they enact the same law that Connecticut passed June 24th in 2013: Public Act No. 13-211 AN ACT EXCLUDING SCHOOL ACCOMMODATIONS FROM SERVICES THAT ARE SUBJECT TO THE LARCENY STATUTES. http://www.cga.ct.gov/2013/act/pa/pdf/2013PA-00211-R00HB-06677-PA.pdf Furthermore, Pennsylvania already had in place a civil and administrative remedy to address school/zip-code residency violations, they just failied to enforce it. Stat. (24 Pa. Cons. Stat. 131302). This process issues a fine and a civil remedy for school residency violations therefore the rush to heavy handed prosecution is unnecessary.
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In closing, arresting parents for education theft does not address the educational best of interests of children and their familial situations are being disregarded. States' attorneys are rushing to criminalize matters which should first be subjected to careful and thoughtful administrative review. Therefore, on behalf of my wife Olesia Garcia and I, Hamlet Garcia and other parents and families of Pennsylvania we respectfully ask Governor Corbett and the Pennsylvania General Assembly members to: Introduce legislation that prohibits local, regional or educational and law enforcement officials from bringing criminal charges against parents or custodians of children who are alleged to have improperly enrolled their children, grandchildren as the case may be, in a particular school district. Rationale: There is already a Pennsylvania infraction statute that allows for a fine and reimbursement of school tuition. All communities within Pennsylvania are facing the impacts of this education and economic crisis, but arresting parents, the primary care givers of children for theft of an education will not improve our educational and economic challenges. We thank you in advance for making sound, fiscally responsive public policy that protects the basic human rights of all Pennsylvania citizens, especially the most vulnerable.
The future of America's economic strength is determined each day in classrooms across our Nation

Sincerely,

Hamlet Garcia