January 8, 2015
The Honorable Stan Saylor Chairman of the House Education
Committee Harrisburg, PA 17120-2145
Dear Representative Stan Saylor
My name is Hamlet Garcia and I am a father, husband and longtime
Pennsylvania resident First, I want to thank you for your
commitment to the children and families of Pennsylvania. I am
writing this letter requesting your support in the passage of an
Educational Bill HB 952. An Act amending the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, in pupils
and attendance, further providing for residence and right to
free school privileges and for suspension and expulsion
http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=h&type=b&b
n=952
Since 2011, I became a strong children and family advocate
supporting and advocating for the
educational and civil rights of children, regardless of
socioeconomic status or there 5 Digit Zip Code
Why did I become an advocate? I do not want to see another
family arrested for allegedly 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 3rd
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 On our trial date of 01/28/2014, during the jury
selection, I was informed that during the questions to the jury
selection, 3 of the prospective jurors thought that my wife and I
were illegal and undocumented immigrants. Stealing services from US
taxpayers. Then, I understood that there was a possibility of being
found guilty not for the content of my acts, but judged by the
color of mine skin and my last name.
I had to make a huge sacrifice, on behalf of my wife and
daughter, I had to
plead guilty to stealing a public education paid over $10,700
dollars in
restitution for two months of kindergarten education and a $100
dollar fine More information about our case on this link National
Fox News
http://latino.foxnews.com/latino/news/2014/01/28/couple-could-end-up-behind-bars-if-found-guilty-sending-kids-to-school-outside
As a result, I am writing this letter requesting your support in
the passage of an Educational Bill HB 952 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 Furthermore, Pennsylvania already
had in place a civil and administrative remedy to address
school/zip-code residency violations, they just failed to enforce
it. Stat. (24 Pa. Cons. Stat. 13-1302). This process issues a fine
and a civil remedy for school residency violations therefore the
rush to heavy handed prosecution is unnecessary. Arresting parents
for allegedly stealing a public education. 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 you to: support in
the passage of an Educational Bill
HB 952.
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,