FAILURE TO ATTEND SCHOOL AND PARENT CONTRIBUTING TO NONATTENDANCE Janet Marton Senior Assistant County Attorney Office of Vince Ryan, County Attorney August 9, 2011

NOTIFICATION REQUIREMENTS HB 1907 Effective 9-1-2011 NOTIFICATION REQUIREMENTS ART. 15.27 APPLIES TO SPECIFIC OFFENSES Unlawful restraint – Indecent exposure – Assault Deadly conduct – Terroristic threat – Organized criminal activity – Controlled substances – drug paraphernalia, marihuana – possession of weapons or devices and prohibited weapons

NOTIFICATION REQUIREMENTS ART. 15.27 HB 1907 Effective 9-1-2011 NOTIFICATION REQUIREMENTS ORAL NOTICE REQUIREMENTS MAY BE MADE ELECTRONICALLY IF ELECTRONIC, NO FURTHER WRITTEN NOTIFICATION NECESSARY CONSEQUENCES FOR FAILURE TO PROVIDE NOTICE

ART. 15.27 HB 1907 Effective 9-1-2011 WITHIN 24 HOURS OR NEXT SCHOOL DAY WHICHEVER IS EARLIER HEAD OF LAW ENFCMT AGENCY OR DESIGNEE Determine if person enrolled in school Notify superintendent or designee or principal Details of arrest or referral Acts allegedly committed

ART. 15.27 HB 1907 Effective 9-1-2011 WITHIN 24 HOURS OR NEXT SCHOOL DAY WHICHEVER IS EARLIER PROSECUTING ATTORNEY’S OFFICE On deferred prosecution, deferred adjudication, or adjudication Notify superintendent or principal If student removed to DAEP Notify school district – 2 working days

ART. 15.27 HB 1907 Effective 9-1-2011 WITHIN 24 HOURS OR NEXT SCHOOL DAY WHICHEVER IS EARLIER PROBATION DEPARTMENT If student transfers or returns to school other than enrolled at time of conduct Notify superintendent or principal

WHO MAY BE ADMITTED? ON SEPTEMBER 1ST: 5 YEARS OF AGE AND UNDER 21 AT LEAST 21 AND UNDER 26 TO COMPLETE REQUIREMENTS FOR DIPLOMA

Child at least 6 years old, but not yet 18 Married student not yet 18 WHO IS REQUIRED TO ATTEND? Child at least 6 years old, but not yet 18 Married student not yet 18 BUT NOT private or parochial or home school

EXCUSED ABSENCES MANDATORY Religious holy days Court appearance Citizenship application Naturalization ceremony Election clerk Health care

EXCUSED ABSENCES PERMISSIVE Any cause acceptable to teacher, principal, superintendent Grades 6-12 to sound “TAPS” Junior or Senior to visit college or university

SB 1489 – ATTENDANCE OFFICERS PEACE OFFICER Investigate Apply truancy prevention measures Serve legal process Make home visit Take student into custody with permission With probable cause, take to school

SB 1489 – ATTENDANCE OFFICERS Investigate Apply truancy prevention measures Monitor attendance Make home visit Escort student to school at request of parent Contact police officer to serve process

TRUANCY PREVENTION MEASURES Address student’s conduct related to truancy in school setting Minimize absences and need for referrals to juvenile court Minimize filing complaints for failure to attend school

Required at beginning of school year WARNING NOTICES Required at beginning of school year Required when 3 absences in 4 weeks

MANDATORY ACTION File complaint for 10 or more absences in 6 month period File by 10th school day after 10th absence Student must be 12 years of age or older and younger than 18

PERMISSIVE ACTION File complaint for 3 or more absences in 4 weeks Student must be 12 years of age or older and younger than 18

SB 61 and SB 209 CASE MANAGER Commissioners Court must adopt code of ethics by 12-1-2011 Case Manager must timely report to judge Judge must consult with case manager

SB 1489 TO FILE COMPLAINT STATEMENT FROM SCHOOL:- Applied truancy prevention measures: Measures failed Student’s eligibility for special education services

FAILURE TO ATTEND SCHOOL’ Individual 12 years old and younger than 18 Is required to attend school Fails to attend school 10 or more days in 6 months in same school year 3 or more days in 4 weeks Class C misdemeanor

AFFIRMATIVE DEFENSES Absence excused by school official Absence excused by court Was involuntary Must be too few absences remaining to constitute offense Court’s decision not binding on school

PARENT CONTRIBUTING TO NONATTENDANCE Warnings given at beginning of year Parent fails to require child to attend school Child has required number of absences Specify acts for “criminal negligence”

THE CASE IN COURT Failure to Attend School Summons for Parent Failure to appear is offense Plea taken in open court with parent present Defendant informed of expunction rights

Failure to Attend school THE CASE IN COURT Failure to Attend school Pretrial intervention or diversion DEFENDANT MUST PLEAD GUILTY OR NO CONTEST OR BE FOUND GUILTY AFTER TRIAL

Suspension of sentence and deferral of final disposition “deferred disposition” Orders available under CP 45.054 Attend school – no absences GED class and exam Special programs Community service Tutorial program Dropout class License suspension

DISPOSITION AT END OF DEFERRAL PERIOD SB 1489 Under CP 45.054, if defendant complies and presents a diploma, judge must dismiss Failure to comply results in adjudication

JUDGMENT The defendant is found guilty and ordered to pay fine and costs Judge must direct satisfaction of judgment Community service Tutoring Case dismissed for compliance or presentation of diploma or GED

MOTION FOR NEW TRIAL Defendant has 5 days to file motion for new trial Defendant may post appeal bond of not less than 2 x the amount of the fine and costs

EXPUNCTION SB 1489 Only 1 conviction Defendant is 18 or older Or, Regardless of prior conviction if Defendant complied with orders Presents diploma or GED before defendant’s 21st birthday

CONFIDENTIALITY HB 961 All records and files, including those held by law enforcement and Information stored electronically or otherwise Relating to child who is convicted and has satisfied judgment May not be disclosed to public

Pretrial Intervention Deferred Disposition Judgment THE CASE IN COURT Parent Contributing to Nonattendance Pretrial Intervention Deferred Disposition Judgment Contempt to enforce Orders

OTHER OFFENSES SB 407 Jurisdiction: Court must waive jurisdiction and refer child to juvenile court for SEXTING Jurisdiction only of 17 year olds who commit sexting

OTHER OFFENSES SB 1200 VENUE Place where case is tried Harris County Precinct adjacent to precinct in which offense committed

ART. 45.058 CHILDREN TAKEN INTO CUSTODY RELEASE TO PARENT, RESPONSIBLE ADULT TAKE TO COURT TAKE TO PLACE OF NONSECURE CUSTODY Detention only if non-traffic case transferred to juvenile court or child referred for contempt ISSUE FIELD RELEASE CITATION For PI – issue citation only on release to resp adult

PROCEDURES Secure appearance Summons for Parent Advise of Expunction Rights Plea by Juvenile Sentencing Discharge of Judgment

UNADJUDICATED CHILDREN NOW ADULTS Notice of continuing obligation to appear Failure to appear Violate obligation to appear Arrest

FOR COPIES OF MATERIALS AND STATUTORY REVISIONS GO TO: http://www.jp.hctx.net/info/82LegUpdate.htm

FAILURE TO ATTEND SCHOOL Senior Assistant County Attorney Janet Marton Senior Assistant County Attorney 1201 Franklin, 7th Floor 713-755-7325 Janet_Marton@ccl.hctx.net