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A BILL TO BE ENTITLED
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AN ACT
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relating to the number of unexcused absences from school that |
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constitute truant conduct or parental contribution to |
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nonattendance of school and a school district's discretion to refer |
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a student to truancy court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.095(b), Education Code, is amended to |
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read as follows: |
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(b) A school district shall notify a student's parent if the |
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student has been absent from school, without excuse under Section |
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25.087, on three days or parts of days within a four-week period in |
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the same school year. The notice must: |
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(1) inform the parent that: |
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(A) it is the parent's duty to monitor the |
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student's school attendance and require the student to attend |
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school; [and] |
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(B) the student is subject to truancy prevention |
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measures under Section 25.0915; and |
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(C) the student may be referred to a truancy |
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court for truant conduct under Section 65.003(a), Family Code; and |
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(2) request a conference between school officials and |
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the parent to discuss the absences. |
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SECTION 2. Section 25.0951, Education Code, is amended by |
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adding Subsection (a-1) and amending Subsections (b) and (d) to |
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read as follows: |
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(a-1) If a student fails to attend school without excuse on |
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three or more days or parts of days within a four-week period in the |
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same school year but does not fail to attend school for the time |
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described by Subsection (a), the school district may, before the |
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10th school day after the student's third absence, refer the |
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student to a truancy court for truant conduct under Section |
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65.003(a), Family Code. |
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(b) If a student fails to attend school without excuse as |
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specified by Subsection (a) or (a-1), a school district may file a |
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complaint against the student's parent in a county, justice, or |
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municipal court for an offense under Section 25.093 if the school |
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district provides evidence of the parent's criminal negligence. In |
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this subsection, "parent" includes a person standing in parental |
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relation. |
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(d) Notwithstanding Subsection (a) or (a-1), a school |
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district may delay a referral of a student for truant conduct, or |
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may choose to not refer a student for truant conduct, if the school |
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district: |
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(1) is applying truancy prevention measures to the |
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student under Section 25.0915; and |
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(2) determines that the truancy prevention measures |
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are succeeding and it is in the best interest of the student that a |
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referral be delayed or not be made. |
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SECTION 3. Section 65.003(a), Family Code, is amended to |
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read as follows: |
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(a) A child engages in truant conduct if the child is |
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required to attend school under Section 25.085, Education Code, and |
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fails to attend school on: |
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(1) 10 or more days or parts of days within a six-month |
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period in the same school year; or |
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(2) three or more days or parts of days within a |
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four-week period in the same school year. |
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SECTION 4. The changes in law made by this Act apply |
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beginning with the 2025-2026 school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |