Texas Education Code § 25.095. Warning Notices pertaining to Truancy

Text of subsection (a) as amended by Acts 2001, 77th Leg., ch. 1504, § 25

(a) A school district or open-enrollment charter school shall notify a student's parent in writing if, in a six-month period, the student has been absent without an excuse five times for any part of the day. The notice must state that if the student is absent without an excuse for 10 or more days or parts of days in a six-month period:

(1) the student's parent is subject to prosecution under Section 25.093; and

(2) the student is subject to prosecution under Section 25.094.

Text of subsection (a) as amended by Acts 2001, 77th Leg., ch. 1514, § 5

(a) A school district shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period:

(1) the student's parent is subject to prosecution under Section 25.093; and

(2) the student is subject to prosecution under Section 25.094 or to referral to a juvenile court in a county with a population of less than 100,000 for conduct that violates that section.

(b) A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period. The notice must:

(1) inform the parent that:

(A) it is the parent's duty to monitor the student's school attendance and require the student to attend school; and

(B) the parent is subject to prosecution under Section 25.093; and

(2) request a conference between school officials and the parent to discuss the absences.

(c) The fact that a parent did not receive a notice under Subsection (a) or (b) does not create a defense to prosecution under Section 25.093 or 25.094.

(d) In this section, "parent" includes a person standing in parental relation.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

Amended by Acts 2001, 77th Leg., ch. 1504, § 25, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, § 5, eff. Sept. 1, 2001.

§ 25.0951. School District Complaint or Referral for Failure to Attend School

(a) If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall:

(1) file a complaint against the student or the student's parent or both in a justice or municipal court for an offense under Section 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000 for conduct that violates Section 25.094; or

(2) refer the student to a juvenile court for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code.

(b) If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Subsection (a), the school district may:

(1) file a complaint against the student or the student's parent or both in a justice or municipal court for an offense under Section 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000 for conduct that violates Section 25.094; or

(2) refer the student to a juvenile court for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code.

(c) In this section, "parent" includes a person standing in parental relation.

Added by Acts 2001, 77th Leg., ch. 1514, § 6, eff. Sept. 1, 2001.

§ 25.0952. Procedures Applicable to Truancy-Related Offenses

In a proceeding in a justice or municipal court based on a complaint under Section 25.093 or 25.094, the court shall, except as otherwise provided by this chapter, use the procedures and exercise the powers authorized by Chapter 45, Code of Criminal Procedure.

Added by Acts 2001, 77th Leg., ch. 1514, § 6, eff. Sept. 1, 2001.