... (Truancy) cases prior to September 1, 2015. (f) Inspection of the sealed records may be permitted by an order of the truancy court on the petition of the person who is the subject of the records and only by those persons named in the order. Welcome to the Truancy & Dropout Department. (b) The purpose of this chapter is to encourage school attendance by creating simple civil judicial procedures through which children are held accountable for excessive school absences. Sec. Attendance Works, a national advocacy group, encourages school districts to use alternatives to legal action when setting their attendance policies amid COVID-19. 65.065. April 1: This story has been updated to include a response from Duncanville school officials. CATEGORY BEFORE SCHOOL YEAR 2015–16 CHANGES MADE BY THE EIGHTY-FOURTH LEGISLATURE, 2015 . The Legislature took steps to reform the state’s truancy system in 2015, eliminating criminal sanctions for students. Sec. 935 (H.B. (a) A child alleged to have engaged in truant conduct is entitled to a jury trial. When a truancy court receives a referral under Section 25.0915, Education Code, and the court is not required to dismiss the referral under that section, the court shall forward the referral to a truant conduct prosecutor who serves the court. In ordinary and concise language, the motion must: (1) identify the provision of the order allegedly violated and sought to be enforced; (2) state specifically and factually the manner of the person's alleged noncompliance; (4) contain the signature of the party filing the motion. ATTENDANCE AT HEARING. (c) On a finding by the court that a child's parents have made a reasonable good faith effort to prevent the child from engaging in truant conduct and that, despite the parents' efforts, the child continues to engage in truant conduct, the court shall waive any requirement for community service that may be imposed on a parent under this section. But threatening legal action during such a stressful time — when many youngsters are still struggling with virtual school and face instability at home — is jarring, said Andrew Hairston, director of the Education Justice Project at Texas Appleseed. A person subject to an order entered under Section 65.105 may appeal that order. Sec. 65.051. Across the state, roughly 3% fewer students were enrolled in public schools in October versus the previous year. (b) Notwithstanding any other law, an employee whose employment is terminated in violation of this section is entitled to return to the same employment that the employee held when notified of the hearing if the employee, as soon as practical after the hearing, gives the employer actual notice that the employee intends to return. (a) A child may be found to have engaged in truant conduct only after an adjudication hearing conducted in accordance with the provisions of this chapter. (c) The penalty for a finding of contempt under Subsection (a) or (b) is a fine in an amount not to exceed $100. Deepening coverage and conversations about issues affecting North Texas schools, By signing up you agree to our privacy policy, Stand with us in our mission to discover and uncover the story of North Texas. The Dallas Morning News retains full editorial control of the Education Lab’s journalism. Sec. An order of adjudication does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child in any civil service application or appointment. The notice must include a copy of the motion for enforcement. 65.060. (h) If the court or jury finds that the child did engage in truant conduct, the court shall proceed to issue a judgment finding the child has engaged in truant conduct and order the remedies the court finds appropriate under Section 65.103. The court may issue the order only after determining that the parent or other responsible person has sufficient financial resources to offset the cost of the child's guardian ad litem wholly or partly. (c) If a person moves to strike or specially excepts to the motion for enforcement, the truancy court shall rule on the exception or motion to strike before the court hears evidence on the motion for enforcement. A court or jury may not return a finding that a child has engaged in truant conduct unless the state has proved the conduct beyond a reasonable doubt. Sec. The case must be tried de novo in the juvenile court. (b) If a child fails to obey an order issued by a truancy court under Section 65.103(a) or a child is in direct contempt of court and the child has failed to obey an order or has been found in direct contempt of court on two or more previous occasions, the truancy court, after providing notice and an opportunity for a hearing, may refer the child to the juvenile probation department as a request for truancy intervention, unless the child failed to obey the truancy court order or was in direct contempt of court while 17 years of age or older. RIGHT TO APPEAL. (a) The child must be personally present at the adjudication hearing. COUNSEL ON APPEAL. This school year, for the first time in 20 years, Texas students won’t face criminal penalties for missing school. SCOPE AND PURPOSE. 65.011. (2) the punishment, if any, to be imposed. (b) An attorney for a child may also be the child's guardian ad litem. Previously, children and teenagers who missed too much school could face steep fines and, in some cases, jail time. The jury is not involved in ordering remedies for a child who has been adjudicated as having engaged in truant conduct. Educators are also deeply concerned that students will fall behind if they continue to miss class. Sec. SEALING OF RECORDS. 65.109. (b) In any proceeding under this chapter, if a party notifies the court that the child, the child's parent or guardian, or a witness is deaf, the court shall appoint a qualified interpreter to interpret the proceedings in any language, including sign language, that the deaf person can understand. Sec. Texas laws regarding truancy emphasize the importance of your child attending school all day. 65.253. (a) The truancy court shall: (1) provide notice to a person who is the subject of a proposed truancy court order under Section 65.253; and. The DMN Education Lab deepens the coverage and conversation about urgent education issues critical to the future of North Texas. Dallas ISD officials said that the district has not filed any truancy court cases since spring 2020. (b) If the child and the child's parent, guardian, or guardian ad litem request an appeal, the attorney who represented the child before the truancy court, if any, shall file a notice of appeal with the court that will hear the appeal and inform that court whether that attorney will handle the appeal. `` juvenile court rules help your child attending school all day on-campus attendance calculation, the group is,! Of crime jury unless jury is waived in accordance with Section 65.008 a case under this Section modified... 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