Public Outcry About Jailing Students Who Skip School in Texas

More than 113,000 children in 2014 were prosecuted for missing school ten or more times in a six month period. Schools may also use discretion in filing truancy charges if a student misses three or more days in a four-week period. In Texas, truancy is a Class C misdemeanor and can carry a $500 fine, an $80 court fee, and the possibility of jail time if the fines go unpaid by the time the child turns 17.

Research has shown that mostly poor, disabled Latino and black students are the ones going to truancy court. So the families of these students are usually unable to pay the truancy fines. The students do not receive an appointed counsel and receive inadequate legal advice.

The graduation rate in Texas is currently 88%, and some people argue that putting the kids through the criminal justice system is ultimately the right thing to do.

Judge Wayne Mack said that the process is working in his courtroom, but he has never gone
 as far as giving out fines or jail time. Instead, he offers community service in lieu of the fines.
Photo Source: Buzzfeed
The Department of Justice has launched an investigation to whether these children are receiving due process. The Justice Department is also seeking to get rid of a school to prison highway, and to bring light to federal civil rights laws that aim to protect children facing life-altering circumstances.

A formal complaint has been filed by Texas Appleseed, National Center for Youth Law, and Disabilities Rights Law. One of the reasons stated is that if a student is convicted, he receives a criminal record, which could impact his college and job opportunities.

Texas and Wyoming are the only two states that prosecute truancy as crime in adult courts.

Comments from Allen:  The Civil Rights Complaint filed against various truancy courts in the Dallas, Texas, area is a mixture of accusations of violating legal rights of children and assertions that certain things could be done better. Normally, the only assertions in such a complaint that will be considered are violations of legal rights.

The main problem I have with the Texas system is their criminalization of truant behavior without allowing alleged truants an appointed public defender.  Since a person under 18 cannot bind himself to a contract, how can such persons defend themselves against accusations in a criminal complaint?

Second, some of the students charged with truancy missed school for reasons having to do with not having an Individual Education Plan (IEP).  Under current federal law, schools must make reasonable accomodations for students with disabilities by structuring ways for them to succeed in school by drawing up a specific education plan for each disabled student.  I have a problem with charging students with a crime called truancy if the conduct arises out of a failure of the school to create an IEP for a disabled child, or the failure of that school to follow a child's IEP.  There may be physiological or psychological reasons these children can't comply with the truancy law, and there should be exemptions for these children.

I understand Texas is trying a "tough love" approach to juveniles, which often works, but I think those two aspects of the Texas law should be changed.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Attorney Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.

For more information:

http://www.buzzfeed.com/kendalltaggart/meet-people-who-pushed-texas-to-stop-jailing-kids-for-s#.qo7wRvryNV

 http://www.buzzfeed.com/kendalltaggart/texas-sends-poor-teens-to-adult-jail-for-skipping-school#.ooOOVoxZjz

http://www.care2.com/causes/4-reasons-why-texas-sending-kids-who-skip-school-to-jail-is-awful.html

http://www.educationdive.com/news/texas-locked-up-over-1000-teens-for-unpaid-truancy-fines/389907/

 http://www.justice.gov/opa/pr/department-justice-announces-investigation-dallas-county-truancy-court-and-juvenile-district

http://www.texasappleseed.net/index.php?option=com_docman&task=doc_download&gid=965&Itemid=

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