Family Code · §65

Truancy

Truancy is covered under §65 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Student truancy: civil 'truant conduct' (juvenile court); Parent contributing to non-attendance: Class C misdemeanor; Different from criminal contempt or other juvenile charges.

Elements you must prove

  • Student truancy: civil 'truant conduct' (juvenile court)
  • Parent contributing to non-attendance: Class C misdemeanor
  • Different from criminal contempt or other juvenile charges

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Worked examples

Worked example 1

Under Tex. Education Code §25.0915 / Tex. Fam. Code §65, truancy was decriminalized in 2015. Today, truant conduct is generally:

  1. A Class C misdemeanor by the student
  2. A civil case 'truant conduct' in juvenile court for the student; failure of a parent to require attendance can be a Class C misdemeanor Correct
  3. A felony
  4. Not actionable
Why: HB 2398 (2015) decriminalized 'failure to attend school' for students; truant conduct is a civil matter in juvenile court. A parent's failure to require attendance remains a Class C misdemeanor (parent-contributing-to-non-attendance).
Statute: Tex. Education Code §25.0915; Tex. Fam. Code §65

Statutory definitions for this topic

Truancy Tex. Education Code §25.0915; Tex. Fam. Code §65
Decriminalized in 2015 (HB 2398). Student truant conduct is now a civil 'truant conduct' matter in juvenile court. A parent's failure to require attendance can be a Class C misdemeanor (parent contributing to non-attendance).