Failure to Attend School
Responding to Citations or Criminal Complaints

Summons for Parent or Person Standing in Parental Relation (“Parent”)

The court having jurisdiction of the “failure to attend school” charge will issue a summons to the parent of the student charged or to the person standing in parental relation to the student charged. The summons will contain an order directing the parent to appear personally at the hearing and to bring the student to the hearing.

A parent who fails to attend a hearing after receiving a summons commits an offense punishable as a Class C misdemeanor.

Rights of Defendants

Defendants accused of an offense within the jurisdiction of the justice courts have certain rights.

• The right to see the complaint or citation that has been filed with the court.
• The right to a trial by jury, but that right may be waived and trial will be by the court.
• The right to be represented by an attorney of choice. A defendant is not required to be represented by an attorney.
• The right to remain silent. A defendant may waive this right and discuss the case with a prosecutor in an effort to dispose of the case without trial.

First Appearance in Court

At the time of the first appearance for the offense of “failure to attend school,” the student will be identified, and asked to plead to the offense charged.

Pleas are "not guilty," "guilty," or "no contest."

The plea of a defendant younger than 17 years old must be made in open court, with the defendant’s parent present.

If the defendant enters a plea “not guilty,” the case will be set for trial. The defendant may waive the right to a trial by jury and have the case heard by the court. At the request of the defendant, the court will subpoena a witness on the defendant’s behalf, but the name, address, and telephone number of each witness must be furnished to the court prior to trial. The defendant may be required to attend a pre-trial conference.

Refusal to enter a plea will result in the entry of a “not guilty” plea by the court and the case will be set for a jury trial unless that right is waived.

A defendant charged with “failure to attend school” will have the opportunity to review their case with a prosecutor, who may enter into a diversion agreement with the student.

On a plea of “guilty” or “no contest” the court will make a finding of guilt and assess a fine as punishment.

On a plea of “guilty” or “no contest,” evidence or documents may be presented to the court and mitigating circumstances that may affect punishment may be explained.

Defendants have a responsibility to notify the court of any change of address.

Right to Expunction

A defendant convicted only one time of the offense of “failure to attend school” has the right to have the records of that conviction expunged. On commencement of proceedings for “failure to attend school,” the judge must inform the student and the student’s parent, in open court, of the right to expunction under certain circumstances. The judge must also provide a copy of Tex. Crim. Proc. Code §45.055. If the record is expunged, the defendant is released from all disabilities resulting from the conviction and the conviction may not be shown or made known for any purpose.

A person seeking to have the record expunged must submit a written request under oath, to the court in which the person was convicted. The request may be submitted on or after the person’s 18th birthday and must include the following statement:
 “I have not been convicted of more than one violation of Failure to Attend School, §25.094 of the Texas Education.”

A fee of $30 must be paid when the application for expunction is filed.

Specific Procedures for Failure to Attend School Proceedings

Pretrial Diversion

The prosecutor may defer prosecution under an agreement with the defendant. Under this procedure, the court will reset the case to allow the defendant an opportunity to accomplish the terms of the agreement. The prosecutor may choose to dismiss the proceeding upon compliance. If the defendant fails to comply with the terms of the agreement, at prosecutor’s direction, the case will proceed to disposition.

Suspension of Sentence and Deferral of Final Disposition

On a plea of guilty or no contest, or on a finding of guilt, and the payment of all court costs, the court may defer further proceedings for up to 180 days placing the defendant on probation. The judge may impose any reasonable conditions of probation. Conditions of probation for “failure to attend school” proceedings may include the following activities:

• Submit to professional counseling;
• Submit to diagnostic testing for alcohol or a controlled substance or drug;
• Submit to a psychosocial assessment;
• Participate in an alcohol or drug abuse treatment or education program;
• Pay the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program;
• Attend school without unexcused absences;
• Attend a preparatory class for the high school equivalency examination;
• Take the high school equivalency examination if the individual is at least 16 years old;
• Attend special programs that the court determines to be in best interest of the defendant;
• Complete reasonable community service requirements;
• Require the individual to participate in a tutorial program.

The court may enter an order requiring the defendant and the defendant’s parent to attend a class for students at risk of dropping out of school.

Usually the court will require the defendant to appear prior to the conclusion of the deferral period to present satisfactory evidence of compliance.

If the defendant successfully complies with the conditions of probation, the complaint will be dismissed and the defendant may be required to pay a special expense fee. If not, the judge will impose the fine and direct satisfaction of the fine. Tex. Crim. Proc. Code §45.051. The imposition of the fine constitutes a final conviction.

The judge has the option of including additional orders allowed under Article 45.054 of the Texas Code of Criminal Procedure.

The court has the option to enter an order directing the Department of Public Safety to suspend the defendant’s driver’s license or permit, or to deny the issuance of a license or permit for a specified period, not to exceed 365 days.

Judgment

On a plea of “guilty” or “no contest,” or on a finding of guilt, the judge will convict the defendant, assessing a fine and directing the satisfaction of the judgment.

In addition, the court may order one or more of the following required activities:

• Attend school without unexcused absences;
• Attend a preparatory class for the high school equivalency examination;
• Take the high school equivalency examination if the individual is at least 16 years old;
• Attend special programs in the best interest of the individual;
• Complete reasonable community service;
• Participate in a tutorial program.

The court may enter an order requiring the defendant and the defendant’s parent to attend a class for students at risk of dropping out of school.

Usually the court will require the defendant to appear at a future date to present satisfactory evidence of compliance with the requirements of the judgment or to show cause why the individual should not be held in contempt for violating the court’s orders.

The court may also enter an order directing the Department of Public Safety to suspend the driver’s license or permit, or deny the issuance of a license or permit, to the individual for a period specified by the court, not to exceed 365 days.

More Information about Failure to Attend School Cases

General Information

This information is furnished to you to provide basic information relative to the law governing procedures for Failure to Attend School and Parent Contributing to Failure to Attend School cases in the Harris County Justice Courts.

The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. You are urged to review the applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions.

You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself.

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.