Youth Genesis Consulting, Inc.

Failure to Attend School

Studies have shown that adults who were frequently truant as minors are more likely to be incarcerated (Truancy Reduction: Keeping Students in School, OJJDP Juvenile Justice Bulletin, U.S.DOJ-Office of Juvenile Justice and delinquency prevention). Texas requires all children between 6 and 18 to attend public, private or home-based school. Truancy has proven to be a gateway to juvenile delinquency and is often the first sign that a child is making poor choices. Today’s chronic truant is possibly tomorrow’s juvenile delinquent or adult criminal. According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), truancy has been identified as an early indicator that a child is at risk for delinquent activity, including a higher propensity for violence. Truancy may cause a student and his or her parent to face criminal consequences. The Texas Family Code defines any unexcused voluntary absence of a student from school as conduct in need of supervision (CINS). A student who fails to attend school commits a Class C misdemeanor, which is punishable at Sanction Level One. Additional charges may be filed against the student’s parents or guardians. The law is designed to keep students in the classroom -- not on the streets.

A child who is required to attend school under Texas law must attend class each school day for the entire school year, unless an approved absence is granted by the public school. A child who is at least 6, or who is younger than 6 and who has previously been enrolled in first grade, and who has not yet reached 18 must attend school. School boards may adopt an attendance policy that requires any student ages 18 to 21 to follow the state attendance laws for the entire school year. Pre-kindergarten and kindergarten students also must comply with state attendance laws. Once a child is registered in public school, a child and his or her parent or guardian must observe the compulsory attendance law. Certain exemptions from this law are available for children who attend private or parochial schools, have medical or special education needs, or meet other requirements under Texas law.

I-Truancy

Truancy may be filed against the student’s parents or guardians. The law is designed to keep students in the classroom -- not on the streets. A child who is required to attend school under Texas law must attend class each school day for the entire school year, unless an approved absence is granted by the public school. A child who is at least 6, or who is younger than 6 and who has previously been enrolled in first grade, and who has not yet reached 18 must attend school. School boards may adopt an attendance policy that requires any student ages 18 to 21 to follow the state attendance laws for the entire school year. Pre-kindergarten and kindergarten students also must comply with state attendance laws. Once a child is registered in public school, a child and his or her parent or guardian must observe the compulsory attendance law. Certain exemptions from this law are available for children who attend private or parochial schools, have medical or special education needs, or meet other requirements under Texas law.

II -Absences

A student who accumulates 10 unexcused absences in a six-month period, or three or more missed days in a four-week period, commits a CINS offense. Missing part of a day counts as a missed day, which includes showing up late and leaving in the middle of the school day. A child who is required to attend school may be excused for a temporary absence for any reason acceptable to the teacher, principal or superintendent. A school district must excuse a student from attending school to observe religious holy days, if the parent or guardian makes a written request for the excused absence before the absence occurs. A school must also excuse any absence related to attending court, if required by law for the student to be present. A student whose absence is excused must be allowed a reasonable time to make up schoolwork missed on those days. If the student successfully completes the schoolwork, the day of absence will be counted as a day of compulsory attendance. To advance to the next grade, a student must attend 90 percent of his or her classes while meeting test and grade requirements. In exceptional cases, the school may convene an attendance committee and decide whether to grant the student course credit for missed days.

III Attendance Officers

Every school has an attendance officer who is in charge of enforcing the state’s attendance laws. In some districts, the attendance officer is a probation officer, sheriff’s deputy, county constable or police officer. In addition to enforcement by a school attendance officer, compulsory attendance laws may be enforced by any peace officer in Texas. The person in charge of enforcing attendance will investigate why a student missed school, keep attendance records, and refer a student to juvenile court if he or she has too many absences. Parents have a legal duty to make sure their child attends school. When a student’s attendance becomes problematic, the attendance officer will warn parents that they may face charges if they don’t correct the problem. Attendance officers also file complaints against parents for failing to make their child go to school. A school attendance officer may not enter a private residence without the permission of the owner or tenant, except to serve lawful process on a parent or guardian. In addition, a school attendance officer who is not a peace officer may not forcibly take custody of any child without permission of the parent, guardian or other person standing in parental relation to the child, except in compliance with orders issued by a court. Any licensed peace officer may enforce the compulsory attendance law and take a juvenile into custody if required by law. keep attendance records, and refer a student to juvenile court if he or she has too many absences. Parents have a legal duty to make sure their child attends school. When a student’s attendance becomes problematic, the attendance officer will warn parents that they may face charges if they don’t correct the problem. Attendance officers also file complaints against parents for failing to make their child go to school. A school attendance officer may not enter a private residence without the permission of the owner or tenant, except to serve lawful process on a parent or guardian. In addition, a school attendance officer who is not a peace officer may not forcibly take custody of any child without permission of the parent, guardian or other person standing in parental relation to the child, except in compliance with orders issued by a court. Any licensed peace officer may enforce the compulsory attendance law and take a juvenile into custody if required by law.

IV -Parent and Student Legal Responsibility

In Texas, parents who fail to make their child go to school can be charged with “parent contributing to non-attendance,” a Class C misdemeanor. The school attendance officer must warn parents in writing that their child is in violation of the school attendance law before the case is filed. Each day the child remains out of school after the warning has been given, or after the child has been ordered to attend school by the judge, may constitute a separate offense punishable by a fine of up to $500 per day. It is a Class C misdemeanor for a parent to fail to attend a hearing after receiving notice to do so. Additionally, parents may face sanctions for not attending court, including arrest and prosecution for “failure to appear.” They may also face sanctions for refusing to follow the judge’s orders.

Truancy is a serious matter. A peace officer or juvenile probation officer may take a truant student into custody until either the student can go to court or the parent or guardian agrees to bring the student to truancy court. When a child is adjudicated for the CINS violation of truancy, the judge may order the student to attend a GED preparation class if the student is not doing well in the regular education environment. The judge may also order the student to complete various classes, such as substance abuse, selfesteem and anger management, to help him or her achieve success at school. In addition, the judge may require the student to attend dropout prevention classes with his or her parents. Other options that the judge might consider include performing community service, participating in a tutorial program to help catch up on missed schoolwork and attending school regularly without absences. Truancy may also prevent a young driver from obtaining his or her driver’s license or learner’s permit for up to one year.

Teachers Guide; 2007. Consequences, Texas Attorney General