30 • Texas Lone Star • September/October 2017 • texaslonestaronline.org
is any in-school or out-of-school
service that can address the issue. For
example, the district may offer parenting programs or meetings to ensure
that parents understand attendance
requirements and have a plan to get
students to school. The district could
refer a student to counseling to deal
with drug and alcohol issues or after-school tutoring to increase student
engagement.
Best Practices for Truancy Prevention
The Texas Education Agency has
created minimum standards for TPMs
implemented by a district. TPMs, at a
minimum, should identify the root cause
of the student’s unexcused absences and
identify actions to address each cause.
The measures should include maintaining
ongoing communication with students and
parents on the actions to be taken to improve attendance. The district should also
establish reasonable timelines for completing the TPMs.
For a student with a disability, the dis-
trict should establish procedures to notify
the admission, review, and dismissal (ARD)
committee or the Section 504 committee
of attendance issues. The district should
also ensure that those committees consider
whether the student’s attendance issues
warrant an evaluation, reevaluation, or
modifications to the student’s individualized
education program or Section 504 plan.
The Texas Administrative Code lists
several best practices that schools should
consider while implementing TPMs. 7
School districts, by rule, are also
required to consider other services offered
to students, including an optional flexible
school day program and evening and online alternatives; working with businesses
that employ students to help students
coordinate job and school responsibilities;
and offering before-school, after-school,
and/or Saturday prevention or intervention
programs or services that implement best
and promising practices. 8
Relationships with Community Or-
ganizations. Many districts already have
established relationships with external
organizations that have programs designed
to promote consistent school attendance.
Some commonly known organizations that
can address truancy through mentoring
programs or other types of partnerships
include Communities in Schools and Big
Brothers Big Sisters of America.
Consideration of Special Circumstances. If a school district determines that
a student’s truancy is the result of pregnancy, being in the state foster program,
homelessness, or being the principal
income earner for the student’s family,
the district is required to offer additional
counseling to a student and may not refer
the student to truancy court.
Parent Liability
Districts have the option of filing a
complaint for criminal prosecution of
a parent for contributing to a student’s
failure to attend school if the parent fails
to require the student to attend school on
10 or more days or parts of days within a
six-month period. A complaint against a
student’s parent can be made in the county,
justice, or municipal court if the district
provides evidence and meets the statute’s
other requirements.
The offense of contributing to a student’s failure to attend school is a misdemeanor, punishable by fine. It is an affirmative defense to prosecution that one or more
of the absences was excused by a school
official or should be excused by the court. 9
Student Referral to Court
When TPMs fail to solve the problem,
referral to a truancy court that can impose
civil (not criminal) consequences is still
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.
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