HOUSTON, Texas – Truancy is a massive problem in Texas. Although it’s been on lawmakers’ agendas year after year, truancy prevention remains a significant issue in most school districts nationwide.
In February, KPRC 2 Investigates raised concerns about the state’s truancy prevention efforts after reviewing an analysis of truancy data submitted to the Texas Education Agency. The analysis showed that approximately 1 million children were reported truant yearly for the 2020-2021, 2021-2022, 2022-2023, and 2023-2024 school years.
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In Texas, students are truant if they have 10 or more unexcused absences in six months. The Texas Education Code also requires school districts to adopt truancy prevention measures to get kids back into class.
Texas law also requires school districts to notify parents if a child has three or more unexcused absences in one month. According to TEA, data released under the Texas Public Information Act, 13-14 percent of districts reported zero truancy prevention efforts in the last four school years.
Since our report, the TEA said its Self-Reported Data Unit (SRDU) has launched an investigation into the issue.
But, that’s not all. Texas lawmakers are also advocating for change.
District 7 State Senator Paul Bettencourt (R) has filed the second bill to address truancy in Texas. The bill, SB 570, will provide a civil process allowing school officials to compel parents to meet with them or have school officials do at-home visits if students don’t attend school. The bill will also mandate that school districts develop a truancy plan.
Along with SB 570, which is being considered in the current legislative session, District 4 Senator Brandon (R) authored another bill addressing truancy.
SB 1925 aims to send truant students straight to truancy court, making the prevention measures set up by school districts an option instead of a demand. Some other key points of the bill are that it will remove homelessness as a reason not to send a student to truancy court and remove the option of a jury trial.
What is a Truancy Court?
In 1993, Texas became one of only two states in the U.S. to criminally prosecute children for not attending school, despite juvenile courts typically handling truancy cases. This shift raised concerns about why children were being treated as criminals for behavior that was not considered a crime for most of Texas’s history. Over the past two decades, the trend of criminal prosecution for truancy prompted questions about using judicial resources for such cases.
In 2015, the Texas Legislature repealed the criminal offense of Failure to Attend School and the civil jurisdiction of juvenile courts over truancy. Instead, the term “Truancy” was replaced with “Truant Conduct,” and jurisdiction over these cases was transferred to new truancy courts. These courts, which include justice and municipal courts, have countywide authority over truant conduct.
During a recent Texas Senate Education committee hearing, there was testimony school district were referring fewer and fewer cases to truancy because the process can be considered too cumbersome with no set consequences. KPRC 2 then reviewed data from the Office of Court Administration. In 2014, the year before Texas decriminalized truancy, 118,213 cases of truant conduct and parent contributing to non-attendance were filed. In 2024, the number of those cases being filed dropped by 77 percent, to 26,760.
What’s the court process?
- Jurisdiction and Purpose: Truancy courts have exclusive jurisdiction over cases involving truant conduct, focusing on the child’s best interests. Truancy is treated as a civil matter, not a criminal one.
- Referral Process: When a truancy court receives a referral from a school district, it must forward it to a truant conduct prosecutor without screening. The prosecutor reviews the referral to determine if it complies with legal requirements before filing a petition.
- Filing a Petition: If the prosecutor decides to file a petition, it must include specific details about the child’s alleged truant conduct, including the child’s name, age, and the circumstances of their absences. The petition must be filed within 45 days of the last absence.
- Dismissal of Petitions: The court will dismiss petitions if they do not comply with legal standards or if the referral is defective.
- Adjudication Hearing: After filing, the court sets a date for an adjudication hearing, requiring the child and their guardians to appear. The child can respond to the petition at the hearing.
- Mental Health Considerations: If there are concerns about the child’s mental health, the court may stay proceedings to assess this before continuing.
- Witnesses and Support: Witnesses can be subpoenaed, and the court may employ case managers to assist children referred to truancy court.
Adjudication hearing procedure
- Hearing Requirements: The child must be present at the adjudication hearing, which cannot proceed without them. Parents or guardians are also required to attend unless excused by the court.
- Guardian Ad Litem: If a child appears without a parent or if the parent is unable to make decisions in the child’s best interest, the court may appoint a guardian ad litem.
- Recording Proceedings: If the truancy court is a court of record, the proceedings must be recorded. Appeals from truancy court are tried de novo in juvenile court.
- Case Call: The judge calls the case and verifies the identities of the child and their guardians. If a summoned party fails to appear, the court may issue a writ of attachment.
- Allegations Explanation: The judge explains the allegations against the child, the nature of the proceedings, and the potential consequences. The child is informed of their rights, including the right to a trial and representation by an attorney.
- Child’s Response: The child must respond to the allegations, either admitting or denying them. If the child admits to the allegations, the hearing concludes, and the judge determines if the child engaged in truant conduct.
- Judgment and Remedies: If the judge finds the child engaged in truant conduct, appropriate remedies may be ordered, such as attending school or community service. If the child is found not to have engaged in truant conduct, the case is dismissed.
- Closing the Hearing: The judge closes the hearing and ensures the court has the correct address for the child, instructing them to notify the court of any changes.
- Trial Attendance: The child must be present at the trial, along with their parent or guardian, unless excused by the court. If a guardian is absent, the court may appoint a guardian ad litem.
- Jury Rights: The child has the right to a jury trial but can waive this right if they and their guardians understand the implications.
- Trial Procedures: The trial begins with opening statements from both the State and the child (or their attorney). Evidence is presented, and both sides have the opportunity for cross-examination.
- Burden of Proof: The State must prove beyond a reasonable doubt that the child engaged in truant conduct. The child is presumed not to have engaged in such conduct until proven otherwise.
- Verdict: The jury must reach a unanimous verdict. If the jury finds the child did not engage in truant conduct, the case is dismissed. If they find the child did engage in truant conduct, the court will issue a judgment and determine appropriate remedies.
- Remedial Actions: The court may order various remedies, such as attending school without unexcused absences, community service, or participation in educational programs. The court cannot order the child to attend for-profit truancy classes.
- Appeals and Record Sealing: The child and their guardians have the right to appeal any order from the truancy court. Records can be sealed after the child turns 18, provided they have complied with court orders.
- Court Costs: The court may assess a $50 cost to the child or their guardians, which must be paid if financially able.
