70 A.2d 693 | Pa. Super. Ct. | 1949
Argued November 21, 1949. Appellants,1 husband and wife, were convicted in a summary proceeding before an alderman and on appeal in the court below of violating the compulsory attendance provisions of the School Code.
The offense was committed on January 19, 1949, and the applicable statute is the Act of May 18, 1911, P. L. 309, § 1414, as last amended by the Act of June 24, 1939, P. L. 786, § 2, 24 P. S. § 1421. It requires "every parent . . . of any child or children of compulsory school age [between the ages of eight and seventeen years] . . . to send such child or children to aday school . . .; and such child or children shall attend such school continuously through the entire term . . . Provided, That the *138 certificate of any principal or teacher of a private school, or of any institution for the education of children . . . setting forth that the work of said school is in compliance with the provisions of this act, shall be sufficient and satisfactory evidence thereof: . . . Regular daily instruction . . . by a properly qualified private tutor, shall be considered as complying with the provisions of this section, if such instruction is satisfactory to the proper county or district superintendent of schools."2 (Emphasis added.) Provision is made for the allowance of other exceptions which are not material to this case.
It will be observed that the requirement of compulsory attendance can be satisfied in a "day school" which may be a public school, "a private school," or an "institution for the instruction of children." The last two classifications include parochial or denominational schools. Daily instruction by an approved private tutor will also satisfy the statute.3
The provision that children shall attend "continuously through the entire term" recognizes the obvious fact that each day's school work is built upon the lessons taught on the preceding day. It is virtually impossible properly to educate a child who is absent one day a week. Friday's instruction is the foundation for understanding Monday's lesson. By such regularly recurring absences the child loses not only one-fifth of the instruction, but the continuity of the course of study is broken and the pupil is not able to keep pace with his classmates. The requirement is reasonable and enforceable.
Appellants are Mohammedans, and they have persistently refused to send their children of compulsory attendance age to school on Fridays, the sacred day of *139 that religion. They have sent them to the public schools on all other days except Friday. They invoke the guarantees of religious freedom contained in the State and Federal constitutions.4 Appellants were convicted for the same offense in 1943 and 1944.
At common law the most important duty resting upon parents was to give their children "an education suitable to their station in life." Having stated the duty, Blackstone lamented: "Yet the municipal laws of most countries seem to be defective in this point, by not constraining the parent to bestow a proper education upon his children." Nevertheless, he discerned that the right of the parent to give or withhold an education was not absolute or unlimited. In the apprenticing laws of his day he discovered power in the state to subject at least some children to educative processes. ". . . [T]he poor and laborious part of the community, when past the age of nurture, are taken out of the hands of their parents, by the statutes for apprenticing poor children, and are placed out by the public in such a manner, as may render their abilities, in their several stations, of the greatest advantage to the commonwealth." 1 Commentaries 451. See also 47 Am. Jur., Schools, §§ 6, 156.
In Pennsylvania the power of state to require that children be educated has never been doubted. Even aside from the constitutional provisions establishing the common school system the appellate courts, though recognizing the natural right of control by parents, held that the right may be restricted and regulated by law. In an early case (1839) the Supreme Court, in a per curiam opinion, said: "It is to be remembered that the public has a paramount interest in the virtue and knowledge of its members, and that of strict right, the business ofeducation belongs to it. . . . The right of parental control isa natural, but not an unalienable one. It is not *140 excepted by the declaration of rights out of the subjects of ordinary legislation; and it consequently remains subject to the ordinary legislative power which, if wantonly or inconveniently used, would soon be constitutionally restricted, but the competency of which, as the government is constituted, cannot be doubted." (Emphasis added.) Ex Parte Crouse, 4 Wharton 9, 11. In short, parents have no constitutional right to deprive their children of the blessings of education or prevent the state from assuring children adequate preparation for the independent and intelligent exercise of their privileges and obligations as citizens in a free democracy.
In Teachers' Tenure Act Cases,
Speaking for this Court, Judge ORLADY said in Com. v. Gillen,
Thus, in this realm the right of the state is superior to that of the parents. It is subject to only one limitation. Parents cannot be compelled to send their children to public schools exclusively and debar them from attending parochial or private schools. While it recognized "the power of the state . . . to require that all children of proper age attend some school", nevertheless the United States Supreme Court held inPierce v. Society of the Sisters of the Holy Names,
Having exercised the option provided by the statute and elected to send their children to the public schools, appellants are bound to perform all the requirements of the compulsory attendance provisions. They cannot send their children to the public schools upon condition that they shall be excused on Fridays. They have no constitutional right to submit to only a part of the statute or to a part of regulations made pursuant to it.
Judgment and sentence affirmed.