1. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
Extra! Extra!
Read all about it!!
Region 7 Education Service Center

2. House Bill 2398: An Overview of the New Truancy Law
Change in
Texas Truancy
Requirements
House Bill 2398: An Overview of the New Truancy Law
11/10/2018
Region 7 Education Service Center

3. Region 7 Education Service Center
Background
84th Legislature Session – House Bill 2398 was passed
Signed by Governor Abbott on June 18, 2015
Went into effect on September 1, 2015
Change in
Texas Truancy
Requirements
Region 7 Education Service Center

4. Region 7 Education Service Center
Overview
Truancy is now decriminalized and schools are required to implement Truancy Prevention Measures prior to seeking court intervention.
HB 2398 created the requirement to expunge all information relating to a criminal complaint or conviction for a truancy offense under former Section , Education Code, from the local school records and information data systems upon receipt of a court order requiring the same.
Region 7 Education Service Center

5. Region 7 Education Service Center
House Bill 2398
Students age 6 – 18 are subject to compulsory attendance.
Students from age 6 to 11 are only subject to Truancy Prevention Measures and may not be referred to truancy court until they are 12.
Students attending school after their 19th birthday may not be referred to truancy court.
Region 7 Education Service Center

6. Region 7 Education Service Center
House Bill 2398
District must create a truancy plan.
At the beginning of the school year, a district must send notice to student’s parents that if the student is absent on 10 or more days in a 6 month period, the student’s parent is subject to prosecution and the student is subject to referral to a truancy court.
Change in
Texas Truancy
Requirements
Region 7 Education Service Center

7. Region 7 Education Service Center
House Bill 2398
District required to appoint a Truancy Prevention Facilitator or Juvenile Case Manager or designate an existing employee. The Truancy Prevention Facilitator shall:
Implement the Truancy Prevention Measures;
Meet annually with a court case manager to discuss the effectiveness of the measures.
Change in
Texas Truancy
Requirements
Region 7 Education Service Center

8. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
House Bill 2398
A school district is required to adopt at least one the following Truancy Prevention Measures:
Require a behavior improvement plan; or
Impose school-based community service; or
Refer the student to counseling, mediation, mentoring, teen-court, or other in-school or out-of-school service focused at addressing the truant behavior.
Region 7 Education Service Center

9. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
House Bill 2398
If a student has been absent without excuse on 3 or parts of days within a 4-week period, the school must issue a warning letter to inform the parent the student is subject to Truancy Prevention Measures.
Region 7 Education Service Center

10. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
House Bill 2398
If a student fails to attend school on 10 or more days or parts of days within a 6 month period in the same school year the district must determine if the student’s truancy is the result of:
pregnancy;
being in the state foster care program;
homelessness; or
being the principal income earner for the student’s family.
Region 7 Education Service Center

11. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
House Bill 2398
If the student’s truancy is due to any of the 4 reasons, the district must offer additional counseling to the student and may not refer the student to truancy court.
Region 7 Education Service Center

12. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
House Bill 2398
The school district may file a complaint against the student’s parent in county, justice, or municipal court if:
The student’s absences were without excuse ; and
If the district provides evidence of the parent’s negligence.
Evidence of parent’s negligence may include.
Region 7 Education Service Center

13. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
A referral to truancy court must include a statement from the school certifying Truancy Prevention Measures were applied but were not successful. The district must specify whether the student is eligible for or receives special education services.
Region 7 Education Service Center

14. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
House Bill 2398
The Texas Education Agency will develop rules regarding minimum standards and best practices for Truancy Prevention Measures, and for sanctions for districts that fail to comply with HB 2398 requirements.
Region 7 Education Service Center

15. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
ISD
Include district specific information
Region 7 Education Service Center

16. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
ISD
Include district specific information
Region 7 Education Service Center

17. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
ISD
Include district specific information
Region 7 Education Service Center

18. Region 7 Education Service Center
Change in
Texas Truancy
Requirements
ISD
Include district specific information
Region 7 Education Service Center