Truancy
TEXAS TRUANCY LAWS
The laws regarding truancy can be found in Chapter 25 of the Education Code, and these laws emphasize the importance of your child attending school all day. Any absences must be excused by their school, and excessive unexcused absences could result in charges being brought against:
- you as a parent for Parent Contributing to Nonattendance, if your child is required by law to attend school; and
- your child for Failure to Attend School, if he or she is 12 years old or older, but not yet 18.
If your child has unexcused absences for 10 or more days or parts of days in a 6-month period the school district MUST file the above charges on the student. In addition, the school district MAY file on your child if your child has unexcused absences for 3 or more days or parts of days in a 4-week period .
As of September 1, 2013, when the school district files charges, they must also file a statement with the court that indicates: 1) it tried intervention measures to prevent the filing, but that those attempts failed; and 2) whether or not your child receives special education services. If the school district fails to file this statement with its complaint, then the court must dismiss the case.
WHO IS REQUIRED TO ATTEND SCHOOL?
The law doesn’t require you to enroll your child in prekindergarten or kindergarten. If you do enroll your child, you and your child must follow state attendance laws.
Generally, children who are 6 years old by September 1 must be enrolled in school and must attend until they turn 18. A child is exempt from attendance if the child:
- Attends a private or parochial school;
- Has a temporary, fixable physical or mental condition that makes attendance impracticable and has a doctor’s note specifying the condition, indicating the treatment, and stating the probable time period your child will be absent for the purpose of treatment.
- Meets any other exemption listed in Texas Education Code § 25.086.
WHAT HAPPENS AT COURT?
- Parents or guardians will be summoned to appear before a justice of the peace judge. You must bring the named child if the summons directs you to do so. If a parent receives a summons and doesn’t appear with the named child, the parent could each be charged with another Class C misdemeanor for Failure to Appear. And the child could be issued a Writ of Attachment.
- Juveniles must Answer True or Not True in open court. Hearings may be open to the public or closed at the discretion of the judge.
- If the student was absent, the student’s parent or guardian should bring all documents that show why the student was absent.
- Parents can not receive appointed lawyers for parent contributing to non-attendance cases. You can represent yourself, or you can hire a lawyer on your own.
PENALTIES
CHILD - Failure to Attend School cases is a civil case that carry a maximum fine of $50.00
A judge can enter a type of probation with court costs.
Remedial Orders: are issued by a truancy court after a student has been found to be truant. These orders outline specific actions the child and/or their parent(s) must take to address the truancy. The court may order a variety of actions, including tutoring, community service, attend counseling programs or even suspension of a driver's license. The court also ensures the child and their parent(s) understand the order's terms and consequences. The court has the discretion to order that your child work toward a GED if your child is over 16 years of age and meets other requirements.
Enforcement and Consequences:
- Contempt of Court: Failure to comply with the remedial order can result in the child being held in contempt of court.
- Fine and other Penalties for contempt: the court can order fines, community service, or even suspension of a driver's license.
- Enforcement Actions: The court may also pursue other enforcement actions, such as referring the child to juvenile probation.
PARENT - Parent Contributing to Non-attendance cases are Class C misdemeanors that carry maximum fines up to $500 plus court costs.
A judge can enter one of two types with court costs.
1. A final conviction : A judge is limited by law to what can be ordered. This will result in a final convicti on against you and could show up on a criminal history check. A fine will be imposed.
2. A deferred disposition : A deferred disposition delays the end of the case until a period of time has passed. The judge can set conditions that a charged person has to follow during that period. If the charged person reaches the end of the period without breaking any of those conditions, the case is dismissed. This results in no reportable conviction. A special expense fee will be imposed.
Can a parent go to Jail for Truancy? CLICK HERE
For more information on BCISD Attendance information and other helpful links click on the link below:
BCISD ATTENDANCE INFORMATION
BCISD ATTENDANCE FREQUENT ASKED QUESTIONS
ACCESS TO SKYWARD