SB 106 would fundamentally change how truancy would be handled in Texas. Currently truant students can actually face stiff fines and possible jail time; and in some circumstances so can their parents. 

This bill would allow the court to automatically expunge truancy records. This bill would stop schools from automatically referring students to truancy courts. This bill reduces the fines associated with truancy.  

This bill also creates a new subtitle within the Education Code called “Truancy Court Proceedings.”  This was created to encourage school attendance through civil judicial procedures and to hold children accountable for excessive absences.

Children would have a right to jury trial and there is an outlined set of procedures for a waiver of rights. Adjudication of a child under SB 106 would not be considered a conviction so it could not later disqualify the child from any civil service application or appointment.  A truancy conviction would not be able to be used in any other subsequent court proceedings, other than a truancy-related appeal. This bill would create a “remedial order” that the children should (1) attend school, (2) attend a preparatory class for high school equivalency examination, (3) take the high school equivalency exam, (4) attend a special program in the best interest of the child, (5) complete community service, AND (6) participate in a tutorial program.

This bill changes the procedures applicable to parent contributing to nonattendance offenses by leaving the court the discretion to exercise their powers authorized by Chapter 45 within the Code of Criminal Procedure. However, this bill also lists specific ways to deal with this offense under “Truancy Court Proceedings” subchapter, which includes a number of programs such as counselling, paying fines, or community service.