bill lowering truancy bar to three days in four weeks

The text as introduced · 562 words

89R10986 MCF-D

By: Louderback
H.B. No. 3613

A BILL TO BE ENTITLED

AN ACT

relating to the number of unexcused absences from school that

constitute truant conduct or parental contribution to

nonattendance of school and a school district's discretion to refer

a student to truancy court.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.095(b), Education Code, is amended to

read as follows:

(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 in

the same school year . 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 student is subject to truancy prevention

measures under Section 25.0915; and

(C) the student may be referred to a truancy

court for truant conduct under Section 65.003(a), Family Code; and

(2) request a conference between school officials and

the parent to discuss the absences.

SECTION 2. Section 25.0951, Education Code, is amended by

adding Subsection (a-1) and amending Subsections (b) and (d) to

read as follows:

(a-1) If a student fails to attend school without excuse on

three or more days or parts of days within a four-week period in the

same school year but does not fail to attend school for the time

described by Subsection (a), the school district may, before the

10th school day after the student's third absence, refer the

student to a truancy court for truant conduct under Section

65.003(a), Family Code.

(b) If a student fails to attend school without excuse as

specified by Subsection (a) or (a-1) , a school district may file a

complaint against the student's parent in a county, justice, or

municipal court for an offense under Section 25.093 if the school

district provides evidence of the parent's criminal negligence. In

this subsection, "parent" includes a person standing in parental

relation.

(d) Notwithstanding Subsection (a) or (a-1) , a school

district may delay a referral of a student for truant conduct, or

may choose to not refer a student for truant conduct, if the school

district:

(1) is applying truancy prevention measures to the

student under Section 25.0915; and

(2) determines that the truancy prevention measures

are succeeding and it is in the best interest of the student that a

referral be delayed or not be made.

SECTION 3. Section 65.003(a), Family Code, is amended to

read as follows:

(a) A child engages in truant conduct if the child is

required to attend school under Section 25.085, Education Code, and

fails to attend school on :

(1) 10 or more days or parts of days within a six-month

period in the same school year ; or

(2) three or more days or parts of days within a

four-week period in the same school year .

SECTION 4. The changes in law made by this Act apply

beginning with the 2025-2026 school year.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.