SB1925 - Relating to truancy.

      By: Creighton S.B. No. 1925               A BILL TO BE ENTITLED   AN ACT   relating to truancy.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 25.091(a) and (b), Education Code, are   amended to read as follows:          (a)  A peace officer serving as an attendance officer has the   following powers and duties concerning enforcement of compulsory   school attendance requirements:                (1)  to investigate each case of a violation of   compulsory school attendance requirements referred to the peace   officer;                (2)  to enforce compulsory school attendance   requirements by:                      (A)  applying truancy prevention measures adopted   under Section 25.0915 to the student; [ and ]                      (B)  [ if the truancy prevention measures fail to   meaningfully address the student's conduct:                            [ (i) ]  referring the student to a truancy   court if the student has unexcused absences for the amount of time   specified under Section 65.003(a), Family Code; or                       (C)  [ (ii) ]  filing a complaint in a county,   justice, or municipal court against a parent who violates Section   25.093;                (3)  to serve court-ordered legal process;                (4)  to review school attendance records for compliance   by each student investigated by the officer;                (5)  to maintain an investigative record on each   compulsory school attendance requirement violation and related   court action and, at the request of a court, the board of trustees   of a school district, or the commissioner, to provide a record to   the individual or entity requesting the record; and                (6)  to make a home visit or otherwise contact the   parent of a student who is in violation of compulsory school   attendance requirements, except that a peace officer may not enter   a residence without the permission of the parent of a student   required under this subchapter to attend school or of the tenant or   owner of the residence except to lawfully serve court-ordered legal   process on the parent.          (b)  An attendance officer employed by a school district who   is not commissioned as a peace officer has the following powers and   duties with respect to enforcement of compulsory school attendance   requirements:                (1)  to investigate each case of a violation of the   compulsory school attendance requirements referred to the   attendance officer;                (2)  to enforce compulsory school attendance   requirements by:                      (A)  applying truancy prevention measures adopted   under Section 25.0915 to the student; [ and ]                      (B)  [ if the truancy prevention measures fail to   meaningfully address the student's conduct:                            [ (i) ]  referring the student to a truancy   court if the student has unexcused absences for the amount of time   specified under Section 65.003(a), Family Code; and                       (C)  [ (ii) ]  filing a complaint in a county,   justice, or municipal court against a parent who violates Section   25.093;                (3)  to monitor school attendance compliance by each   student investigated by the officer;                (4)  to maintain an investigative record on each   compulsory school attendance requirement violation and related   court action and, at the request of a court, the board of trustees   of a school district, or the commissioner, to provide a record to   the individual or entity requesting the record;                (5)  to make a home visit or otherwise contact the   parent of a student who is in violation of compulsory school   attendance requirements, except that the attendance officer may not   enter a residence without permission of the parent or of the owner   or tenant of the residence; and                (6)  at the request of a parent, to escort a student   from any location to a school campus to ensure the student's   compliance with compulsory school attendance requirements.          SECTION 2.  Sections 25.0915(a), (a-1), (a-3), (a-4), (c),   (d), and (e), Education Code, are amended to read as follows:          (a)  A school district may [ shall ] adopt truancy prevention   measures designed to[ :                [ (1) ]  address student conduct related to truancy in   the school setting before the student engages in conduct described   by Section 65.003(a), Family Code[ ; and                [ (2)     minimize the need for referrals to truancy court   for conduct described by Section 65.003(a), Family Code ].          (a-1)  As a truancy prevention measure under Subsection (a),   a school district may [ shall ] take one or more of the following   actions:                (1)  impose:                      (A)  a behavior improvement plan on the student   that must be signed by an employee of the school, that the school   district has made a good faith effort to have signed by the student   and the student's parent or guardian, and that includes:                            (i)  a specific description of the behavior   that is required or prohibited for the student;                            (ii)  the period for which the plan will be   effective, not to exceed 45 school days after the date the contract   becomes effective; or                            (iii)  the penalties for additional   absences, including additional disciplinary action or the referral   of the student to a truancy court; or                      (B)  school-based community service; or                (2)  refer the student to counseling, mediation,   mentoring, a teen court program, community-based services, or other   in-school or out-of-school services aimed at addressing the   student's truancy.          (a-3)  A school district shall offer additional counseling   to a student and may not refer the student to truancy court under   this section, Section 25.0951, or any other provision if the school   determines that the student's truancy is the result of:                (1)  pregnancy;                (2)  being in the state foster program;                (3)  [ homelessness;                [ (4) ]  severe or life-threatening illness or related   treatment; or                 (4)  [ (5) ]  being the principal income earner for the   student's family.          (a-4)  If a student fails to attend school without excuse on   three or more days or parts of days within a four-week period but   does not fail to attend school for the time described by Section   25.0951(a), the school district may [ shall ] initiate truancy   prevention measures under this section on the student.          (c)  A truancy court shall dismiss a petition filed by a   truant conduct prosecutor under Section 65.054, Family Code, if the   court determines that the school district's referral:                (1)  [ does not comply with Subsection (b);                [ (2) ]  does not satisfy the elements required for   truant conduct;                 (2)  [ (3) ]  is not timely filed[ , unless the school   district delayed the referral under Section 25.0951(d) ]; or                 (3)  [ (4) ]  is otherwise substantively defective.          (d)   A [ Except as provided by Subsection (e), a ] school   district may [ shall ] employ a truancy prevention facilitator or   juvenile case manager to implement the truancy prevention measures   described [ required ] by this section and any other effective   truancy prevention measures as determined by the school district or   campus. The [ At least annually, the ] truancy prevention   facilitator may [ shall ] meet to discuss effective truancy   prevention measures with a case manager or other individual   designated by a truancy court to provide services to students of the   school district in truancy cases.          (e)  Instead of employing a truancy prevention facilitator,   a school district may designate an existing district employee or   juvenile case manager to implement the truancy prevention measures   described [ required ] by this section and any other effective   truancy prevention measures as determined by the school district or   campus.          SECTION 3.  Section 25.095(b), Education Code, is amended to   read as follows:          (b)  A school district shall notify a student's parent if the   student has been absent from school, without excuse under Section   25.087, on three days or parts of days within a four-week period.   The notice must:                (1)  inform the parent that:                      (A)  it is the parent's duty to monitor the   student's school attendance and require the student to attend   school; and                      (B)  the student may be [ is ] subject to truancy   prevention measures under Section 25.0915; and                (2)  request a conference between school officials and   the parent to discuss the absences.          SECTION 4.  Section 25.0951(c), Education Code, is amended   to read as follows:          (c)  A court shall dismiss a complaint made by a school   district under Subsection (b) that:                (1)  does not comply with this section;                (2)  does not allege the elements required for the   offense;                (3)  is not timely filed[ , unless the school district   delayed th [Text truncated for display. 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