Texas Code of Criminal Procedure - Article 45.054. Failure To Attend School Proceedings
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Art. 45.054. FAILURE TO ATTEND SCHOOL PROCEEDINGS. (a) On a
finding by a county, justice, or municipal court that an individual
has committed an offense under Section 25.094, Education Code, the
court has jurisdiction to enter an order that includes one or more
of the following provisions requiring that:
(1) the individual:
(A) attend school without unexcused absences;
(B) attend a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code, if the court determines that the individual is too
old to do well in a formal classroom environment; or
(C) if the individual is at least 16 years of age, take the
high school equivalency examination administered under Section
7.111, Education Code;
(2) the individual attend a special program that the court
determines to be in the best interest of the individual, including:
(A) an alcohol and drug abuse program;
(B) a rehabilitation program;
(C) a counseling program, including self-improvement
counseling;
(D) a program that provides training in self-esteem and
leadership;
(E) a work and job skills training program;
(F) a program that provides training in parenting,
including parental responsibility;
(G) a program that provides training in manners;
(H) a program that provides training in violence avoidance;
(I) a program that provides sensitivity training; and
(J) a program that provides training in advocacy and
mentoring;
(3) the individual and the individual's parent attend a
class for students at risk of dropping out of school designed for
both the individual and the individual's parent;
(4) the individual complete reasonable community service
requirements; or
(5) for the total number of hours ordered by the court, the
individual participate in a tutorial program covering the academic
subjects in which the student is enrolled provided by the school the
individual attends.
(a-1) 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 Section 25.094, Education Code, the court has
jurisdiction to enter an order that includes one or more of the
provisions listed under Subsection (a).
(b) An order under Subsection (a)(3) that requires the
parent of an individual to attend a class for students at risk of
dropping out of school is enforceable in the justice, municipal, or
juvenile court by contempt.
(c) A court having jurisdiction under this article shall
endorse on the summons issued to the parent of the individual who is
the subject of the hearing an order directing the parent to appear
personally at the hearing and directing the person having custody
of the individual to bring the individual to the hearing.
(d) An individual commits an offense if the individual is a
parent who fails to attend a hearing under this article after
receiving notice under Subsection (c) that the individual's
attendance is required. An offense under this subsection is a Class
C misdemeanor.
(e) On the commencement of proceedings under this article,
the court shall inform the individual who is the subject of the
hearing and the individual's parent in open court of the
individual's expunction rights and provide the individual and the
individual's parent with a written copy of Article 45.055.
(f) In addition to any other order authorized by this
article, the court may order the Department of Public Safety to
suspend the driver's license or permit of the individual who is the
subject of the hearing or, if the individual does not have a license
or permit, to deny the issuance of a license or permit to the
individual for a period specified by the court not to exceed 365
days.
(g) A dispositional order under this article is effective
for the period specified by the court in the order but may not
extend beyond the 180th day after the date of the order or beyond
the end of the school year in which the order was entered, whichever
period is longer.
(h) In this article, "parent" includes a person standing in
parental relation.
Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.
Subsec. (a) amended by Acts 2003, 78th Leg., ch. 137, Sec. 14, eff.
Sept. 1, 2003; Subsec. (a-1) added and Subsec. (b) amended by Acts
2003, 78th Leg., ch. 180, Sec. 1, eff. Sept. 1, 2003.
Article: 45.048 45.049 45.050 45.051 45.0511 45.052 45.053 45.054 45.055 45.056 45.057 45.058 45.059 45.060 45.101
Last modified: August 11, 2007
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