texaslonestaronline.org • September/October 2017 • Texas Lone Star • 31
an option for students between the ages
of 12 and 18, unless the failure to attend
school is the result of pregnancy, being in
the foster care program, homelessness, or
being the principal income earner for the
student’s family.
A referral for 10 or more unexcused
absences within six months must be made
within 10 school days from the date of the
student’s 10th absence. A district may delay
the referral if the TPMs are succeeding and
the delay is in the student’s best interest. 10
When a district refers a student to
truancy court, the district must provide a
statement documenting that TPMs were
applied but failed and specifying whether
the student is eligible for or receives spe-
cial education. The law requires a truancy
court to dismiss a referral that fails to
comply with the statutory requirements. In
addition, it is an affirmative defense to an
allegation of truancy that one of more of
the absences should have been excused by
the school or court or that the absence was
involuntary. As such, documentation of
(See Absences, page 35.)
The top five reasons you don’t want to miss out:
