the actions taken by the district are more
important than ever. 11
Moreover, by enacting House Bill
2398 and other legislation in recent years,
Texas lawmakers have demonstrated a
strong commitment to reforming disciplinary practices that resulted in criminal
consequences and could have the effect
of further excluding students who were
already at risk. Referring a student to court
for failure to attend school should always
be a district’s last resort.
Expunction of Failure to Attend
In addition to the removal of the offense of failure to attend school, the 2015
legislation also amended the Texas Code
of Criminal Procedure Article 45.0541 to
require expunction of all records and documents relating to a conviction or complaint
of the offense of failure to attend school.
A school district is not required to
expunge or destroy any records of this
nature until an order from a court has been
provided to the school district instructing
the district on the process for the expunction of the records.
For more information on this and
other school law topics, visit TASB School
Law eSource online at schoollawesource.
1Tex. Educ. Code §§ 25.085-.086.
2Tex. Educ. Code § 25.095.
3Tex. Educ. Code §§ 25.086-.087, .095; Tex. Educ.
Agency, To the Administrator Addressed Letter Re:
4Tex. Educ. Code §§ 25.088, .090-.091.
5Tex. Educ. Code § 25.0915(d), (e).
6Tex. Educ. Code § 25.0915.
719 Tex. Admin. Code §129.1045.
819 Tex. Admin. Code §129.1045.
9Tex. Educ. Code § 25.093.
10Tex. Educ. Code §§ 25.0915, .0951.
11Tex. Educ. Code § 25.0915; Tex. Fam. Code §§65.003.
This article is provided for educational
purposes only and contains information to
facilitate a general understanding of the law.
It is not an exhaustive treatment of the law on
this subject nor is it intended to substitute for
the advice of an attorney. Consult with your
own attorneys to apply these legal principles
to specific fact situations.
Jasmine Wightman is a TASB Legal Services
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