Texas Education Code - Section 25.093. Parent Contributing To Nonattendance
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Texas Laws > Education Code > Texas Education Code - Section 25.093. Parent Contributing To Nonattendance
Section: 25.086 25.087 25.088 25.089 25.090 25.091 25.092 25.093 25.094 25.095 25.0951 25.0952 25.111 25.112 25.113
§ 25.093. PARENT CONTRIBUTING TO NONATTENDANCE. (a) If a
warning is issued as required by Section 25.095(a), the parent with
criminal negligence fails to require the child to attend school as
required by law, and the child has absences for the amount of time
specified under Section 25.094, the parent commits an offense.
(b) The attendance officer or other appropriate school
official shall file a complaint against the parent in:
(1) the constitutional county court of the county in
which the parent resides or in which the school is located, if the
county has a population of two million or more;
(2) a justice court of any precinct in the county in
which the parent resides or in which the school is located; or
(3) a municipal court of the municipality in which the
parent resides or in which the school is located.
(c) An offense under Subsection (a) is a Class C
misdemeanor. Each day the child remains out of school may
constitute a separate offense. Two or more offenses under
Subsection (a) may be consolidated and prosecuted in a single
action. If the court orders deferred disposition under Article
45.051, Code of Criminal Procedure, the court may require the
defendant to provide personal services to a charitable or
educational institution as a condition of the deferral.
(d) A fine collected under this section shall be deposited
(1) one-half shall be deposited to the credit of the
operating fund of, as applicable:
(A) the school district in which the child
(B) the open-enrollment charter school the child
(C) the juvenile justice alternative education
program that the child has been ordered to attend; and
(2) one-half shall be deposited to the credit of:
(A) the general fund of the county, if the
complaint is filed in the justice court or the constitutional
county court; or
(B) the general fund of the municipality, if the
complaint is filed in municipal court.
(e) At the trial of any person charged with violating this
section, the attendance records of the child may be presented in
court by any authorized employee of the school district or
open-enrollment charter school, as applicable.
(f) The court in which a conviction, deferred adjudication,
or deferred disposition for an offense under Subsection (a) occurs
may order the defendant to attend a program for parents of students
with unexcused absences that provides instruction designed to
assist those parents in identifying problems that contribute to the
students' unexcused absences and in developing strategies for
resolving those problems if a program is available.
(g) If a parent refuses to obey a court order entered under
this section, the court may punish the parent for contempt of court
under Section 21.002, Government Code.
(h) It is an affirmative defense to prosecution for an
offense under Subsection (a) that one or more of the absences
required to be proven under Subsection (a) was excused by a school
official or should be excused by the court. The burden is on the
defendant to show by a preponderance of the evidence that the
absence has been or should be excused. A decision by the court to
excuse an absence for purposes of this section does not affect the
ability of the school district to determine whether to excuse the
absence for another purpose.
(i) In this section, "parent" includes a person standing in
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 865, § 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1403, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1504, § 24, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1514, § 3, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 137, § 4, 5, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 283, § 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 1276, § 6.001, eff. Sept. 1, 2003.
Last modified: August 11, 2007