Failure to Comply With Compulsory Attendance

School employees must investigate and report violations of the state compulsory attendance law. It is important that all parents and guardians be aware of the consequences of unexcused absences from school. Under Texas Law, the student’s parent is subject to prosecution under a criminal offense Education Code §25.093 and the student between the ages of 12-18 is subject to referral to a truancy court for truant conduct as a civil matter under Family Code §65.003(a). Both parents can be charged regardless who the child lives with at the time of the offense. In addition, other adults who may be contributing to non-attendance may also be charged. The parent can be fined, in addition to other consequences the judge may assign such as parenting classes and community service. Students also have consequences the judge will assign at the time of court that include, but not limited to community service, mandatory tutorials, required summer school, counseling, removal of the ability to obtain or use a driver’s license.

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