La Joya I.S.D. Police Department Attendance/Truancy Division Truancy Law Intervention Program
In Conjunction with Justice of the Peace Courts & Municipal Courts
Program Goals • Decrease the number of students from progressing any further in the juvenile justice system • Increase the attendance rates for local schools • Address the surrounding factors of truancy • Provide a working knowledge of Texas Truancy Laws and the consequences for violating these laws
Definition of Truancy: • The State of Texas defines truancy as follows in The Texas Education Code 25.094 Failure to Attend School: An individual commits an Offense if the individual: •1. is required to attend school under section 25.085; and •2. fails to attend school on 10 or more days or parts of days within a six month period in the same school year or on 3 or more days or parts of days within a four week period. •NOTE: Skipping class periods will be considered unexcused “parts of days”.
• First lets clarify who must attend School: a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child’s 18th birthday shall attend school. On enrollment in prekindergarten or kindergarten, a child shall attend school.
The State of Texas attendance expectations • Fails to attend school on 10 or more days or parts of days within a six month period in the same school year; or • Fails to attend school on three or more days or parts of days within a four week period. • An offense under this section is a class “C” misdemeanor • Exemptions: Private Schools, Home Schools, Those who meet the requirements for attending a course for GED. • Once a student reaches his / her 18th birthday, the student becomes a “Voluntary” student and can be withdrawn from school after five unexcused absences. • Many parents and students think that truancy, or Failure to attend school, is a school rule • THIS IS A STATE LAW!
Class “C” Misdemeanor • The same type of offense as a traffic violation. • Section 12.23 Texas Penal Code: an individual adjudged guilty of a Class “C” Misdemeanor shall be punished by a fine not to exceed $500 dollars.
Parents: Why am I in court if he or she is the one that does not Attend school? • Truancy is not just your child’s problem • Chapter 41 Family Code: A parent or other person who has the duty of control and reasonable discipline of a child is liable for any damage proximately caused by: (1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or (2) the willful and malicious conduct of a child who is at least 10 years of age but under 18 years of age.
Family Code Chapter 151 • A parent of a child has the following rights and duties: the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education. • You will be held liable for your child’s failure to attend school.
TEXAS EDUCATION CODE 25.093 • Parent Contributing to Non Attendance: A parent commits an offense if they: Received a warning as required by Section 25.095 of the Texas Education Code. • With Criminal negligence fail to require the child to attend school as required by law. • Allow the child to have absences for the amount of time specified under 25.094 Texas Education Code • An Offense under this section is a class “C” Misdemeanor
What is a warning notice? Texas Education Code 25.095 • A school district or open enrollment charter school shall notify a student’s parent in writing at the beginning of the school year that if the student is absent from school 10 or more days within a six month period in the school year or on three or more days within a four week period. • Warning notices to parents are required at the beginning of the school year. • The notice shall notify parents that if a student is absent in accordance with section 25.094, • The parent is subject to prosecution under section 25.093 • The student is subject to prosecution under section 25.094 • The parent shall be notified by the school district if the student has been absent, without excuse, on 3 days or parts of days within a 4 week period.
The Notice must • Inform the parent that it is the parent’s duty to monitor the student’s attendance and require the student to attend school and the parent is subject to prosecution under 25.093 • Request a conference between the parent and school officials • It is not a defense to prosecution under Sections 25.093 or 25.094 that the parent did not receive a notice.
Texas Education Code 25.091 • Powers and Duties of Peace officer and attendance officers • Peace Officer serving as an attendance officer has the following powers and duties: to investigate a violation of compulsory attendance requirements by: (A) refer to filing a complaint against a student in a justice or municipal court if student has unexcused absences for the amount of time specified under Section 25.094 or under Section 51.03 (b) (2) Family Code. (b) Filing a complaint in a county, justice or municipal court against parent who violates Section 25.093; • To serve court order legal process • To review school attendance records for compliance
• To maintain an investigative record on each violation and related court action and to provide the record to the court on request • To make a home visit or contact the parent, but the officer may not enter a residence, except to serve court ordered legal process on a parent. • To take a student into custody with permission of parent, or in obedience to court ordered legal process. • To make a home visit or otherwise contact the parent, or in obedience to court ordered legal process. • To take a student into custody with the permission of the student’s parent or in obedience to a court- ordered legal process
Truancy Court Jurisdiction • Juveniles- ages 10-16 • Adult students-age 17 and up • Parents • Why 10 years old? The State of Texas does not recognize the ability of anyone under the age of 10 to form criminal intent.
Juvenile Punishment (ages 10-16) • A Justice or Municipal Court has “Shadow Jurisdiction” only on juveniles: • Can fine students up to $500.00 per offense. • Place them under Court Order for up to 180 days or the end of the school year. • Suspend driver’s license for up to one year or indefinitely for failure to pay fine. • If they violate the court order…. • The court may find the juvenile in contempt. • Fine them up to $500.00 • Transfer case to the Juvenile Court
Adult Punishment (17 and older) • At age 17 a student can….. • be fined up to $500.00, place under court order for 180 days or the remainder of the school year. • Have driver’s license suspended for up to a year. • If they violate the court order the 17 year old student may be… • Jailed for contempt of court (up to 3 days in the county jail) and or • A fine up to $500.00 per offense
Punishment for Parents • A parent may be…. • Fined • Ordered to attend school with their child • Ordered to attend outside classes or counseling with their child. • Jailed for contempt
Offense Consequences • 1st Offense-referral to counseling, pay court costs, and suspended fine if programs are completed successfully. • A. Probation for up to 6 months and/or pay fine plus court costs • B. Do community service hours • C. If unable to pay fine or do community service hours for fine, parent will be held in contempt of court if student is 10 years of age up to 16 years of age. If student is 17 years of age or older, student will be arrested. • Cases may be referred to the Juvenile Probation Department.
School Factors • Inconsistent and ineffective school attendance policies. • Poor record keeping • Not notifying parents/guardians of absences • Unsafe School environment • Poor school climate • Inadequate identification of special education needs
Family and Community Factors • Negative peer influences, such as other truant youth • Financial, social, medical, or other problems that pressure students to stay home to help the family. • Child abuse and neglect • Family disorganization • Teen pregnancy and/or parenthood • Lack of family support for educational and other goals • Violence in or near the home school
Student Characteristics • A lack of personal and educational ambition • Poor academic performance • Lack of self-esteem • Unmet mental health needs • Alcohol and drug use abuse
Why is school attendance Important? • Truancy has been clearly identified as one of the early warning signs of students headed for potential delinquent activity, social isolation, or educational failure via suspension, expulsion, or dropping out. • Lack of commitment to school has been established by several studies as a risk, factor for substance abuse, delinquency, teen pregnancy, and school dropout • Data from the 2000 census show that high school dropouts had only 52% employment rate in 1999, compared to 71% for high school graduates, and 83% for college graduates. Of those who worked full-time year-round in 1999, high school drop outs earned only 65% of the median earnings.
Referral Agencies for Students and Parents • New Beginnings, Boy’s and Girl’s Club’s, South Texas Behavioral and Raising Hope Behavior Center are some agencies that Judges will refer to according to the student’s and his / her family’s risks and needs. Monthly updates will be needed from each agency. Upon completion of programs, agencies are required to submit certificates of completion in order to close out cases. .
