Can a Parent Go to Jail for Truancy in Texas? Complete Guide
In Texas making sure your child’s attendance at school isn’t just a matter of good parenting; it’s the law. Parents are legally accountable to ensure that their children attend school on a regular basis. If a child repeatedly misses school without having a valid reason this is referred to as truancy. A lot of Texans ask what happens to parents who get in trouble because of their child’s truancy?
The simple answer is that it’s possible, but it all depends on the specific circumstances. Although Texas has stopped the practice of incarcerating students who are truant however, parents could still be subject to criminal charges, fines and even prison time for failing to make sure that their children attend school. Here’s how the law operates.
Understanding Truancy Under Texas Law
According to Texas Education Code SS 25.085 that applies to all children aged between 6 to 19 must to go to school. Absenting from school without a valid reason is deemed an excused absence. In addition, accumulating excessively many absences could result in legal consequences.
Truancy in Texas typically means that a student is:
- 10 – or more absences without cause in a period of six months or
- Three or more absences that are not excused within a period of four weeks.
When schools initially attempt to intervene through counseling and attendance programs, persistent absences can result in legal action against parents and students.
What Happens to the Student
Prior to 2015 students in Texas were subject to criminal prosecution and even juvenile detention if they committed truancy. This changed in 2015 when the state adopted House Bill 2398 that decriminalized truancy among minors.
Today, students are directed to truancy courts, which are civil and not criminal. In these courts, judges are able to ordain counsel, community services as well as attendance and counseling programs. Students aren’t imprisoned for skipping class.
However, that doesn’t mean that parents don’t have to worry about it.
Parental Responsibility: The Texas Compulsory Attendance Law
Guardians and parents, as per Texas Education Code SS 25.093 are legally required to make sure that your child is in school. If parents “fails to require” school attendance, it’s a Class C misdemeanor – a crime that is punishable by law.
If your child is a frequent absentee from school, and you do not make reasonable efforts to rectify the issue, you could face criminal charges.
Penalties can include:
- A fine 500 dollars or more per violation.
- Classes for parenting that have been ordered by the court and community-based services.
- Time to jail in the event that court orders are not followed.
For instance, if the judge determines that a parent deliberately allowed or encouraged truancy by not making bedtimes mandatory or failing to inform teachers, for example or not responding to notices of attendance, the judge could apply harsher punishments.
When Jail Becomes a Possibility
While it isn’t the only outcome, it can be an option if a parent:
- Inability to pay fines imposed by courts or
- Infractions to a judge’s orders for example, not attending parent-teacher classes mandated by a court or refusing to follow time-based attendance rules.
In these instances the court may declare the parent to be in contempt and could cause as long as 72 hours of jail, based on the specific circumstances.
Furthermore, if the judge determines that the parent intentionally contributed to the child’s lack of a school day, such as leaving the child at home for babysitting, work or even ignoring school rules, the parent could be subject to additional legal penalties.
Schools Must Intervene First
Texas law obliges schools to follow specific steps prior to referring cases to a court. Schools must:
- Inform parents of the third absence without cause within 4 weeks.
- Organise a meeting with a group to discuss attendance issues.
- Create an attendance improvement plan that includes both the child and the parent.
If these measures fail, only then will the school be able to lodge a complaint with the court in your local area. This will ensure that parents don’t get charged for insignificant or unavoidable absences.
Defenses to Truancy Charges
Parents have defenses against allegations of truancy, which include:
- The absences were caused by an illness, family emergency or religious celebrations.
- The parent put in a great effort to keep the child in attendance, but the child would not leave.
- The school did not properly notify parents of the situation or to follow the legal procedure.
In these cases it is crucial to collect documents (doctor’s notes or emails, attendance records, etc.) and talk to attorneys for criminal or education attorney who is familiar with Texas law on truancy.
Final Thoughts
What if a parent could get in trouble for being a truant in Texas? Yes, but only in the most the most extreme cases or in willful instances. Texas has stopped incarcerating students for not attending school Parents who fail to address regular attendance problems or aren’t able to pay fines or refuse to comply with court orders could be punished with criminal charges and even brief jail sentences.
The goal of the state isn’t to be a punishment for families but rather to help kids get back to school. The majority of truancy cases are solved through collaboration between the schools, parents and the courts.
If your child is absent from school regularly, you should be sure to take it seriously. Inform teachers, go to meetings, and keep a record of your efforts. Avoiding truancy doesn’t just save you from legal problems, but can also help secure the future of your child.
