Truancy FAQ

Must a prosecutor decline to file a petition if the student is receiving special education services under Subchapter A of Section 29 of the Transportation Code? 

No.  The law does not say this.  There is a provision that requires a prosecutor to not file a petition if the school district’s referral does not specify whether the student is eligible for (or receives) special education services. See Family Code, Section 65.053(c) and Education Code, Section 25.0915.  But that is as close as the new law gets to saying that a prosecutor may not file a petition in a case if the student receives special education services.  There are many special education students who can still attend school and be held accountable for being absent.  (Ted Wood, Office of Court Administration)