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

2. NOTIFICATION REQUIREMENTS
HB 1907
Effective
NOTIFICATION REQUIREMENTS
ART
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

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

4. ART HB 1907
Effective
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

5. ART HB 1907
Effective
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

6. ART HB 1907
Effective
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

7. 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

8. 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

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

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

11. 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

12. 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

13. 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

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

15. 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

16. 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

17. SB 61 and SB CASE MANAGER
Commissioners Court must adopt code of ethics by
Case Manager must timely report to judge
Judge must consult with case manager

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

19. 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

20. 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

21. 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”

22. 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

23. 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

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

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

26. 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

27. 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

28. 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

29. 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

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

31. 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

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

33. 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

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

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

36. FOR COPIES OF MATERIALS AND STATUTORY REVISIONS GO TO:

37. FAILURE TO ATTEND SCHOOL Senior Assistant County Attorney
Janet Marton
Senior Assistant County Attorney
1201 Franklin, 7th Floor