HBA-JLV C.S.H.B. 3461 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3461 By: Reyna, Arthur Juvenile Justice & Family Issues 5/3/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law does not require school districts to file a complaint in justice or municipal courts or make a referral to a juvenile court if a student has missed a significant number of school days, or parts of school days. As a result, there are concerns that truancies are not being addressed soon enough to prevent students from dropping out of school. According to the Texas Education Agency, nearly 28,000 students in Texas dropped out from 1998-1999. Some school districts are not filing with the courts until the student has accumulated 30 to 40 absences. At that point it becomes very difficult for the student to make up the work. Also, the school district has the authority to deny credit to the student after that many absences. C.S.H.B. 3461 sets forth requirements for school districts, justice or municipal courts, and parents relating to truancy and sets forth criminal penalties relating to student truancy and for parents contributing to truancy. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 3461 amends the Education and Family codes and the Code of Criminal Procedure to set forth provisions relating to truancy and the authority of justice and municipal courts in relation to children. The bill amends the Education Code to require the school district to record the name, address, and date of birth of the person enrolling a child into a public school (Sec. 25.002). The bill sets forth the powers and duties of peace officers and other attendance officers concerning enforcement of compulsory school attendance requirements and modifies provisions relating to certain powers and duties of a school attendance officer (Sec. 25.091). The bill provides that on a finding by a juvenile court in a county with a population of less than 100,000 that an individual has failed to attend school, then the court is authorized to enter an order requiring the individual or the individual's parent to attend specified classes or programs or perform community service. The bill provides that if the court orders deferred disposition, rather than probating the sentence, the court is authorized to require the defendant to provide personal services to a charitable or educational institution as a condition of the deferral. The bill authorizes the court to punish the parent for contempt of court if a parent refuses to obey a court order. The bill provides that it is an affirmative defense to prosecution that one or more of the absences was excused by a school official or should be excused by the court. The burden of proof is on the defendant (Sec. 25.093). The bill provides that an individual, rather than a child, commits an offense if the individual fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period. The bill removes provisions requiring a justice or municipal court to transfer the complaint against the child to a juvenile court and removes the provision requiring the juvenile court to conduct an adjudication hearing. The bill authorizes a peace officer to take an individual into custody, pursuant to an order of the justice or municipal court based on an affidavit showing probable cause to believe that an individual has committed an offense. The bill provides that it is an affirmative defense to the prosecution that one or more of the absences was involuntary. The burden of proof is on the defendant (Sec. 25.094). The school district is required to notify a student's parent in writing at the beginning of the school year that if a student is absent 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period, that the student is subject to referral to a juvenile court in a county with a population of less than 100,000. The bill requires the school district to notify a student's parent if the student has been absent from school on three days or parts of days within a four-week period. The notice must inform the parent that it is the parent's duty to monitor the student's school attendance, require the student to attend school, and state that the parent is subject to prosecution. The notice must also request a conference between school officials and the parent to discuss the absences (Sec. 25.095). If a student fails to attend school without an excuse on 10 or more days or parts of days within a six-month period in the same school year, the bill authorizes a school district to file a complaint against the student or the student's parents or both in a justice or municipal court or refer the student to a juvenile court in a county with a population of less than 100,000 for conduct indicating a need for supervision. If a student fails to attend school without an excuse on three or more days or parts of days within a four-week period, the bill authorizes a school district to file a complaint against the student or the student's parent or both in a justice or municipal court or to refer the student to a juvenile court in a county with a population of less than 100,000 or refer the student to a juvenile court for conduct indicating a need for supervision (Sec. 25.0951). The bill amends the Code of Criminal Procedure to prohibit a justice or municipal court from ordering the confinement of a child for contempt of another order of a justice or municipal court. If a child fails to obey an order of a justice or municipal court, the justice or municipal court is authorized to: _retain jurisdiction of the case and hold the child in contempt of the justice or municipal order and impose a fine not to exceed $500; or _order the Department of Public Safety (DPS) to suspend the child's driver's license or permit or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child until the child fully complies with the orders of the court. A court that orders suspension or denial of a driver's license or permit is required to notify DPS on receiving proof that the child has fully complied with the orders of the court (Art. 45.050). If a justice or municipal court finds that an individual has committed an offense for the failure to attend school proceedings other than a traffic offense, the bill specifies classes and programs that the individual or the individual's parent may be required to attend (Arts. 45.054 and 45.057). The bill sets forth provisions relating to the expunction of conviction and records if an individual has committed an offense for the failure to attend school proceedings (Art. 45.055). The bill sets forth provisions to authorize a justice court, municipal court, school district, juvenile probation department, or other appropriate governmental entity to employ and reimburse truancy case managers (Art. 45.056). The bill amends the Family Code to remove provisions setting forth rebuttable reasons for the absence of a child. The bill provides that in a county with a population of less than 100,000, conduct that violates provisions relating to the failure to attend school indicates a need for supervision and provides that the juvenile court has concurrent jurisdiction with the justice and municipal courts over such violations (Secs. 51.03 and 51.04). The bill authorizes a justice or municipal court to exercise jurisdiction over a person alleged to have engaged in conduct indicating a need for supervision by engaging in conduct in a case in which a complaint is filed by the appropriate authority in the justice or municipal court charging an offense for the failure of a child to attend school (Sec. 54.021). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3461 modifies the original to require the school district to record certain identifying information of the person enrolling the child into a public school (Sec. 25.002, Education Code). The substitute provides that on the finding by a juvenile court in a county with a population of less than 100,000 that the individual has violated truancy provisions, the substitute authorizes the court to require a person who has failed to attend school or the person's parent to participate in certain programs (Sec. 25.093, Education Code). The substitute modifies provisions relating to parental notification of absenteeism of a student. The substitute provides that additional information must be included in the notice to the parent of the child (Sec. 25.095, Education Code). The substitute authorizes a school district to file a complaint against the student, the student's parents or both, rather than just the student in a justice or municipal court and authorizes a school district to refer the student to a juvenile court in a county with a population of less than 100,000 for failure to attend school (Sec. 25.0951, Education Code). The substitute requires the court that has jurisdiction to require an individual who has violated provisions relating to truancy to attend school without unexcused absences in addition to the other requirements specified in the original bill (Art. 45.054, Code of Criminal Procedure). The substitute provides that in a county with a population of less than 100,000, conduct that violates provisions relating to the failure to attend school indicates a need for supervision (Sec. 51.03, Family Code). The substitute differs from the original by providing that in a county with a population of less than 100,000, the juvenile court has concurrent jurisdiction with the justice and municipal courts over conduct engaged in by a child that violates provisions relating to the failure to attend school (Sec. 51.04, Family Code). The substitute removes provisions authorizing the justice or municipal court to order the child to be held in a place of nonsecure custody for a single period not to exceed six hours if a child fails to obey an order of a justice or municipal court (Art. 45.050, Code of Criminal Procedure). The substitute removes the provision specifying that a child may be held in the nonsecure facility only long enough to satisfy an order of a justice or municipal court not to exceed six hours (Art. 45.058, Code of Criminal Procedure).