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Justice of the Peace Truancy Cases
Various rules apply to Truancy cases:
  • An individual commits a 'Truancy' offense if the individual:
    • is required to attend school under section 25.085; and
    • fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period.
  • In section 25.0951 the Texas Education Code states that if a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student's last absence:
    • file a complaint against the student or the student's parent or both in a county, justice, or municipal court for an offense under Section 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000 for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code.
  • An offense under this section may be prosecuted in:
    • the constitutional county court of the county in which the individual resides or in which the school is located, it the county has a population of two million or more
    • a justice court of any precinct in the county in which the individual resides or in which the school is located; or
    • a municipal court in the municipality in which the individual resides or in which the school is located.
  • On a finding by the county, justice, or municipal court that the individual has committed an offense under Subsection (a) or on a finding by a juvenile court in a county with a population of less than 100,000 that the individual has engaged in conduct that violates Subsection (a), the court may enter an order that includes one or more of the requirements listed in Article 45.054, Code of Criminal Procedure, as added by Chapter 1514, Act of the 77th Legislature, Regular Session , 2001.
  • If the county, justice, or municipal court believes that a child has violated an order issued under Subsection c, the court may proceed as authorized by Article 45.050 , Code of Criminal Procedure.
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