TEXAS LEGE ADDRESSES DECRIMINALIZING TRUANCY

(Ed.'s Note: The Brownsville Municipal Courts and the Cameron County District Attorney's Office have declared a moratorium on prosecuting truancy as a misdemeanor crime. The City of Brownsville says that if it heeded the wishes of BISD's attendance officers, it would need to hire a special prosecutor to dedicate his full time to truancy cases, and doesn't have the funds. The DA's Office has stated that all prosecutions of truancy as a Class C Misdemeanor requires the presence of an Asst. DA. All past prosecutions of truants and their parents before Justice of the Peace courts have been conducted illegally because the state was not represented and the district truant officers and the JP did not have the statutory authority to conduct the proceedings. The Texas Legislature – mindful of the logjam that criminalizing truancy has had on students and parents – is now set to decriminalize the offense and make it a civil offense. A synopsis of the evolution of the law follows.) 

By The Texas Policy Center

In 1993, in an effort to alleviate juvenile court dockets of truancy cases, Texas lawmakers created a separate criminal school attendance offense, commonly known as “failure to attend school,” which is categorized as an adult Class C misdemeanor punishable under a municipal or justice of the peace court.

This policy change has resulted in a number of unintended consequences. Once issued a citation for failure to attend school, both students and parents are subject to a maximum fine (not including court costs) of $500; this is a significant burden on indigent families, with ongoing legal and financial consequences for failure to pay all money owed. Another burden results from the requirement to appear in an adult court to resolve the citation, which may lead to students missing further school time and potentially having a permanent adult conviction on their record.

But a more significant problem with Texas’ current truancy system is its failure to address youths’ underlying needs. Truancy is often indicative of a larger problem. For instance, attending school likely seems trivial for youth who are the primary caregiver of younger siblings, cousins, or a disabled guardian; for youth who are homeless and without a dining room table on which to complete homework; for youth who are being abused at home or who fear that an abuser will find them at school; and for youth who are disabled and who constantly struggle with the hardships of that disability.

Texas policy-makers should decriminalize truancy and increase funding allocations for alternative methods (e.g., progressive sanctions) to effectively address the issues that impact youth attendance at school.

Key Facts:
Texas already has a mechanism that allows youth to be brought before a judge for persistent truancy. It is a non-criminal CINS (Conduct Indicating a Need for Supervision) offense, which serves as a flag for courts to indicate that the child warrants rehabilitative assistance.

According to Texas Appleseed, which has extensively examined Texas data on school misbehavior, “A high percentage of all Class C cases prosecuted against juveniles in municipal or justice courts are ‘failure to attend school’ cases. In Fiscal Year 2012, there were 64,997 cases filed in justice courts and 11,881 cases filed in municipal courts. These 76,000 cases make up just over one third of all Class C cases filed.

In addition, there are two specialized truancy courts (created through the Constitutional County Court system) – one in Dallas County and another in Fort Bend County – that do not report their data to the State. Dallas County’s data shows another 36,000 cases referred to that court system in 2012. We do not have data for the Fort Bend court.”
Penalties for truancy that withhold learning are counterproductive, leading to more time out of the classroom. Such punishments also fail to address the root causes of truancy and, instead, can impose even greater hardships, including financial penalties on families.

Furthermore, an adult criminal record can impact a child’s ability to obtain employment, find housing, further their education, and even serve in the military.

To see the relevant bills being considered in the Texas Legislature to decriminalize truancy, click on link: publicpolicycenter.texascjc.org/eliminate-the-offense-of-failure-to-attend-school-and-implement-appropriate-tools-to-treat-the-symptoms-that-contribute-to-truancy