Truancy court in Texas is a civil court that handles cases where a student has missed 10 or more days or partial days of school without an excuse within a six-month period in the same school year. If your child is referred, both of you will be summoned to a hearing, and the judge can order the student back into class under specific conditions and require the parent to take steps as well. Skipping the hearing or ignoring the resulting order carries its own penalties.1Justia. Texas Family Code § 65.003
When a Case Reaches Truancy Court
The 10-absence threshold is the trigger. Once a student hits 10 unexcused absences (full or partial days) inside a six-month window during the school year, the school may refer the case to truancy court.1Justia. Texas Family Code § 65.003
Before a referral, the school has to try to fix the problem. Texas law requires attendance prevention measures aimed at getting the student back to class before any court filing.2Justia. Texas Education Code § 25.0915 The school must also send parents a written notice once the student has three unexcused absences within a four-week span. That notice is both a heads-up and a warning that court action can follow.3Justia. Texas Education Code § 25.095
Truancy is handled as a civil matter, not a criminal one, for the student. It still involves a formal court proceeding.1Justia. Texas Family Code § 65.003
The Summons and Hearing
When a case is filed, the court issues a summons with the date, time, and location of the hearing. It requires both the student and the parent or guardian to appear.4Justia. Texas Family Code § 65.0575Justia. Texas Family Code § 65.058
At the hearing, the judge looks at attendance records and checks whether the school actually did what the law requires before filing, including the prevention measures. If the school didn’t follow those steps, the judge must dismiss the case.2Justia. Texas Education Code § 25.0915
Parents and guardians are legally required to show up. Missing the hearing can lead to a contempt finding and additional penalties.6Justia. Texas Family Code § 65.253
What the Court Can Order the Student to Do
If the judge finds truant conduct occurred, the court issues a remedial order aimed at getting the student back in school. The options include:7Justia. Texas Family Code § 65.103
- Attending school with no further unexcused absences.
- Participating in counseling or a community-based program.
- Attending tutoring.
- Performing up to 50 hours of community service.
- Taking part in a mentoring or advocacy program.
What the Court Can Order the Parent to Do
The judge can also direct orders at the parent. One common requirement is attending a program designed for parents of students with unexcused absences, which focuses on strategies for getting the child engaged with school.8Justia. Texas Family Code § 65.105
A parent may also be ordered to perform up to 50 hours of community service with the child. The court can waive this requirement if it finds the parent made a good faith effort to get the child to school.8Justia. Texas Family Code § 65.105
Fines and Criminal Exposure for Parents
Separate from the civil truancy case against the student, a parent can be charged with a fine-only misdemeanor for failing to require their child to attend school. The charge applies when a parent acts with criminal negligence after receiving a formal warning notice and the child has hit the statutory absence threshold.9Justia. Texas Education Code § 25.093
Fines start at $100 and rise to $500 for a fifth or subsequent offense. Each day of unexcused absence can be treated as a separate violation.9Justia. Texas Education Code § 25.093
What Happens If You Ignore the Court’s Order
If a student violates a remedial order, the court can hold them in contempt. Penalties include a fine of up to $100 or suspension or denial of the student’s driver’s license. Repeated violations can send the case to the juvenile probation department.10Justia. Texas Family Code § 65.251
A parent who ignores a court order, including the order to appear at the hearing, can also be held in contempt. Penalties include fines up to $100 and community service. Direct contempt of the court can carry up to three days in jail.6Justia. Texas Family Code § 65.253