Family Code · §65
Truancy Court Proceedings
Truancy Court Proceedings (§65): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Truant conduct (10 or more absences in 6 months) is civil, not criminal
- Heard in a truancy court: justice court, municipal court, or (in counties of 2.1 million or more) the constitutional county court (§65.004)
- Any parent offense is in the Education Code, not Chapter 65
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Worked examples
Worked example 1
Under Tex. Fam. Code ch. 65, truancy was decriminalized in 2015. Today, truant conduct is generally:
- A Class C misdemeanor by the student
- A civil 'truant conduct' case in a truancy court (justice, municipal or, in counties of 2.1 million or more, constitutional county court); a parent's failure to require attendance can be a fine-only misdemeanor (Educ. Code §25.093) Correct
- A felony
- Not actionable
Why: HB 2398 (2015) decriminalized 'failure to attend school' for students. Truant conduct may be prosecuted only as a civil case in a truancy court (Fam. Code §65.003(b), §65.004). Schools must first apply truancy prevention measures (Educ. Code §25.0915). A parent who, with criminal negligence, fails to require attendance commits a misdemeanor punishable by fine only: up to $100 for a first offense, rising to $500 for a fifth or later (Educ. Code §25.093).
Statute: Tex. Education Code §25.0915; §25.093; Tex. Fam. Code §65
Statutory definitions for this topic
- Truancy Tex. Education Code §25.0915; §25.093; Tex. Fam. Code §65
- Decriminalized in 2015 (HB 2398). Student truant conduct is now a civil case in a truancy court (Fam. Code §65.003(b), §65.004). A parent who fails to require attendance commits a fine-only misdemeanor (up to $100 for a first offense, rising to $500) under Educ. Code §25.093.