Creighton’s truancy bill

The text as introduced · 2,039 words

By: Creighton
S.B. No. 1925

A BILL TO BE ENTITLED

AN ACT

relating to truancy.

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

SECTION 1. Sections 25.091(a) and (b), Education Code, are

amended to read as follows:

(a) A peace officer serving as an attendance officer has the

following powers and duties concerning enforcement of compulsory

school attendance requirements:

(1) to investigate each case of a violation of

compulsory school attendance requirements referred to the peace

officer;

(2) to enforce compulsory school attendance

requirements by:

(A) applying truancy prevention measures adopted

under Section 25.0915 to the student; [ and ]

(B) [ if the truancy prevention measures fail to

meaningfully address the student's conduct:

[ (i) ] referring the student to a truancy

court if the student has unexcused absences for the amount of time

specified under Section 65.003(a), Family Code; or

(C) [ (ii) ] filing a complaint in a county,

justice, or municipal court against a parent who violates Section

25.093;

(3) to serve court-ordered legal process;

(4) to review school attendance records for compliance

by each student investigated by the officer;

(5) to maintain an investigative record on each

compulsory school attendance requirement violation and related

court action and, at the request of a court, the board of trustees

of a school district, or the commissioner, to provide a record to

the individual or entity requesting the record; and

(6) to make a home visit or otherwise contact the

parent of a student who is in violation of compulsory school

attendance requirements, except that a peace officer may not enter

a residence without the permission of the parent of a student

required under this subchapter to attend school or of the tenant or

owner of the residence except to lawfully serve court-ordered legal

process on the parent.

(b) An attendance officer employed by a school district who

is not commissioned as a peace officer has the following powers and

duties with respect to enforcement of compulsory school attendance

requirements:

(1) to investigate each case of a violation of the

compulsory school attendance requirements referred to the

attendance officer;

(2) to enforce compulsory school attendance

requirements by:

(A) applying truancy prevention measures adopted

under Section 25.0915 to the student; [ and ]

(B) [ if the truancy prevention measures fail to

meaningfully address the student's conduct:

[ (i) ] referring the student to a truancy

court if the student has unexcused absences for the amount of time

specified under Section 65.003(a), Family Code; and

(C) [ (ii) ] filing a complaint in a county,

justice, or municipal court against a parent who violates Section

25.093;

(3) to monitor school attendance compliance by each

student investigated by the officer;

(4) to maintain an investigative record on each

compulsory school attendance requirement violation and related

court action and, at the request of a court, the board of trustees

of a school district, or the commissioner, to provide a record to

the individual or entity requesting the record;

(5) to make a home visit or otherwise contact the

parent of a student who is in violation of compulsory school

attendance requirements, except that the attendance officer may not

enter a residence without permission of the parent or of the owner

or tenant of the residence; and

(6) at the request of a parent, to escort a student

from any location to a school campus to ensure the student's

compliance with compulsory school attendance requirements.

SECTION 2. Sections 25.0915(a), (a-1), (a-3), (a-4), (c),

(d), and (e), Education Code, are amended to read as follows:

(a) A school district may [ shall ] adopt truancy prevention

measures designed to[ :

[ (1) ] address student conduct related to truancy in

the school setting before the student engages in conduct described

by Section 65.003(a), Family Code[ ; and

[ (2) minimize the need for referrals to truancy court

for conduct described by Section 65.003(a), Family Code ].

(a-1) As a truancy prevention measure under Subsection (a),

a school district may [ shall ] take one or more of the following

actions:

(1) impose:

(A) a behavior improvement plan on the student

that must be signed by an employee of the school, that the school

district has made a good faith effort to have signed by the student

and the student's parent or guardian, and that includes:

(i) a specific description of the behavior

that is required or prohibited for the student;

(ii) the period for which the plan will be

effective, not to exceed 45 school days after the date the contract

becomes effective; or

(iii) the penalties for additional

absences, including additional disciplinary action or the referral

of the student to a truancy court; or

(B) school-based community service; or

(2) refer the student to counseling, mediation,

mentoring, a teen court program, community-based services, or other

in-school or out-of-school services aimed at addressing the

student's truancy.

(a-3) A school district shall offer additional counseling

to a student and may not refer the student to truancy court under

this section, Section 25.0951, or any other provision if the school

determines that the student's truancy is the result of:

(1) pregnancy;

(2) being in the state foster program;

(3) [ homelessness;

[ (4) ] severe or life-threatening illness or related

treatment; or

(4) [ (5) ] being the principal income earner for the

student's family.

(a-4) 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 Section

25.0951(a), the school district may [ shall ] initiate truancy

prevention measures under this section on the student.

(c) A truancy court shall dismiss a petition filed by a

truant conduct prosecutor under Section 65.054, Family Code, if the

court determines that the school district's referral:

(1) [ does not comply with Subsection (b);

[ (2) ] does not satisfy the elements required for

truant conduct;

(2) [ (3) ] is not timely filed[ , unless the school

district delayed the referral under Section 25.0951(d) ]; or

(3) [ (4) ] is otherwise substantively defective.

(d) A [ Except as provided by Subsection (e), a ] school

district may [ shall ] employ a truancy prevention facilitator or

juvenile case manager to implement the truancy prevention measures

described [ required ] by this section and any other effective

truancy prevention measures as determined by the school district or

campus. The [ At least annually, the ] truancy prevention

facilitator may [ shall ] meet to discuss effective truancy

prevention measures with a case manager or other individual

designated by a truancy court to provide services to students of the

school district in truancy cases.

(e) Instead of employing a truancy prevention facilitator,

a school district may designate an existing district employee or

juvenile case manager to implement the truancy prevention measures

described [ required ] by this section and any other effective

truancy prevention measures as determined by the school district or

campus.

SECTION 3. 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.

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 may be [ is ] subject to truancy

prevention measures under Section 25.0915; and

(2) request a conference between school officials and

the parent to discuss the absences.

SECTION 4. Section 25.0951(c), Education Code, is amended

to read as follows:

(c) A court shall dismiss a complaint made by a school

district under Subsection (b) that:

(1) does not comply with this section;

(2) does not allege the elements required for the

offense;

(3) is not timely filed[ , unless the school district

delayed the referral under Subsection (d) ]; or

(4) is otherwise substantively defective.

SECTION 5. The heading to Section 65.007, Family Code, is

amended to read as follows:

Sec. 65.007. [ RIGHT TO ] JURY TRIAL PROHIBITED .

SECTION 6. Section 65.007(a), Family Code, is amended to

read as follows:

(a) The truancy court shall conduct all proceedings under

this chapter without a jury [ A child alleged to have engaged in

truant conduct is entitled to a jury trial ].

SECTION 7. Section 65.010, Family Code, is amended to read

as follows:

Sec. 65.010. BURDEN OF PROOF. A court [ or jury ] may not

return a finding that a child has engaged in truant conduct unless

the state has proved the conduct beyond a reasonable doubt.

SECTION 8. Section 65.053(b), Family Code, is amended to

read as follows:

(b) Except as provided by Subsection (c), the [ The ]

prosecutor shall [ may, in the prosecutor's discretion, determine

whether to ] file a petition with the truancy court requesting an

adjudication of the child for truant conduct. [ If the prosecutor

decides not to file a petition requesting an adjudication, the

prosecutor shall inform the truancy court and the school district

of the decision. ]

SECTION 9. Section 65.055, Family Code, is amended to read

as follows:

Sec. 65.055. LIMITATIONS PERIOD. A petition may not be

filed after the 60th [ 45th ] day after the date of the last absence

giving rise to the act of truant conduct.

SECTION 10. Sections 65.101(b), (f), (g), and (h), Family

Code, are amended to read as follows:

(b) At the beginning of the adjudication hearing, the judge

of the truancy court shall explain to the child and the child's

parent, guardian, or guardian ad litem:

(1) the allegations made against the child;

(2) the nature and possible consequences of the

proceedings;

(3) the child's privilege against self-incrimination;

(4) the child's right to trial and to confrontation of

witnesses; and

(5) the child's right to representation by an attorney

if the child is not already represented[ ; and

[ (6) the child's right to a jury trial ].

(f) At the conclusion of the adjudication hearing, the court

[ or jury ] shall find whether the child has engaged in truant

conduct. The finding must be based on competent evidence admitted

at the hearing. The child shall be presumed to have not engaged in

truant conduct and no finding that a child has engaged in truant

conduct may be returned unless the state has proved the conduct

beyond a reasonable doubt. [ In all jury cases the jury will be

instructed that the burden is on the state to prove that a child has

engaged in truant conduct beyond a reasonable doubt. ]

(g) If the court [ or jury ] finds that the child did not

engage in truant conduct, the court shall dismiss the case with

prejudice.

(h) If the court [ or jury ] finds that the child did engage in

truant conduct, the court shall proceed to issue a judgment finding

the child has engaged in truant conduct and order the remedies the

court finds appropriate under Section 65.103. [ The jury is not

involved in ordering remedies for a child who has been adjudicated

as having engaged in truant conduct. ]

SECTION 11. The following provisions are repealed:

(1) Sections 25.0915(b) and 25.0951(d), Education

Code;

(2) Sections 65.007(b) and (c), Family Code;

(3) Section 65.065, Family Code; and

(4) Sections 65.101(c), 65.108(b), and 65.259(c),

Family Code.

SECTION 12. Sections 25.091, 25.0915, and 25.0951,

Education Code, as amended by this Act, apply beginning with the

2025-2026 school year.

SECTION 13. The changes in law made by this Act to Chapter

65, Family Code, apply only to conduct that occurs on or after the

effective date of this Act. Conduct that occurs before the

effective date of this Act is governed by the law in effect on the

date the conduct occurred, and the former law is continued in effect

for that purpose. For purposes of this section, conduct occurs

before the effective date of this Act if any element of the conduct

occurs before that date.

SECTION 14. This Act takes effect September 1, 2025.