A new attendance policy that changes the procedures for unexcused absences is now in effect in Fort Bend ISD.

The updated attendance policy, which was implemented Aug. 24, is designed to reduce the number of truancy cases the district refers to the courts and is also in compliance with the requirements of new truancy legislation in Texas.

“[FBISD] has worked hard to implement measures to keep students in class and out of the court process altogether,” FBISD Superintendent Charles Dupre said.

Policy development

The updated attendance policy in FBISD was developed in the months after the district suspended its policies and procedures related to unexcused absences, or truancy, and launched a full internal review of its attendance policy.

FBISD suspended truancy proceedings in April amid community concerns over the district’s handling of truancy cases. Many of these concerns stemmed from a March report by Austin-based advocacy group Texas Appleseed that revealed there were not only a high number of truancy cases being filed, but also racial disparities in the application of truancy laws both statewide and in FBISD. The report concluded that truancy cases in Texas and FBISD disproportionately affected African-American, Hispanic and special education students.

After the internal review and gathering feedback from the community, district administration officials updated the attendance policy to address community concerns as well as to implement measures within the new policy that allow for more meaningful interventions with truant students.

“Our updated attendance procedures include more personal interventions designed to help us understand what may be contributing to a student’s absences,” Dupre said.

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FBISD administration officials also designed the attendance policy to be more student-centered and more consistent so all unexcused absences are handled the same throughout the district.

“The new policy is about seeing the student as an individual and doing what we can to help them to be in attendance,” said Grayle James, president of the FBISD board. “I think if we have that intention, then we won’t have disparity in race or gender or any of those things because we will be treating all students the same.”

Truancy legislation

The attendance procedures in FBISD were also updated in accordance with legislation passed in the spring by the 84th Texas Legislature that decriminalized truancy in Texas, FBISD Deputy Superintendent Christie Whitbeck said.

For many years Texas truancy law was considered among the harshest in the nation, and Texas was one of only two states that sent truancy cases to adult criminal courts. The Texas Appleseed report also found that in 2013 Texas sent 115,000 truancy cases to adult criminal court, which was more than twice the number of cases filed in all other states combined.

However, House Bill 2398—which was signed into law by Gov. Greg Abbott and took effect Sept. 1—changed the way both Texas school districts and courts handle students who have unexcused absences from school.

“[HB 2398] makes great strides toward keeping students who are struggling with school attendance in school and on track to graduate,” Texas Appleseed Executive Director Deborah Fowler said.

Under the new law, school districts across the state must do more to ensure students attend school and can only send a student to court as a last resort. If a student is sent to court, that student will no longer be charged with a Class C misdemeanor criminal offense but with a civil offense called “truant conduct.” The law also stipulates a student may never be sent to truancy court if absences are due to pregnancy, homelessness, being in foster care or serving as the main income earner for his or her family.

Fowler said the new legislation ends the criminalization of truancy and protects students from receiving fines and criminal convictions for being absent. Parents who contribute to a student’s nonattendance, however, can still be subject to criminal prosecution as that part of the law remained intact.

Should a school’s efforts fail to prevent a student from accumulating 10 unexcused absences in a six-month period, the school can refer that student to civil court. Justice and municipal courts will continue to hear truancy cases and can order students to counseling or tutoring, but cannot levy fines, Fowler said. Students referred to civil court will not leave court with a criminal record. In addition, all past truancy convictions or complaints made before Sept. 1 will be expunged under the new law.

Prior to the new legislation, truancy cases in FBISD were referred to the county’s Truancy Court, which was a criminal court. The county has until January to produce its plan for accommodating the new law and determining how it will handle truancy now that it is no longer a criminal offense, Whitbeck said. It is unclear how the county will handle any potential truancy cases that might be referred before January.

HB 2398 also requires the Texas Education Agency to adopt rules creating minimum standards and best practices for truancy prevention measures as well as sanctions for noncompliance with prevention requirements. Whitbeck said the district is still waiting for the TEA to release its guidelines but expects the district’s updated policy to meet any requirements established by the TEA.

FBISD attendance

One of the truancy prevention measures FBISD has implemented is an automated phone call to a student’s home the day of any absence, FBISD Director of Student Affairs Dawn Carlson said. The student then has five days to provide the school an explanation for the absence. If the student has three unexcused absences in a four-week period, or five unexcused absences total, truancy prevention measures kick in, and the district will send a letter to the family requesting a conference to determine the reasons behind the absences. Upon the fifth total unexcused absence, the student and parent must attend the district’s truancy diversion program, after which the campus assistant principal will develop a truancy action plan for the student.

Carlson said the district’s already established truancy diversion program—an information-based intervention program offered to parents and students—qualifies as a truancy prevention measure under the new law.

“Once we target the reason why a student is missing school, we are going to be able to help and support the family and that’s our goal,” Carlson said. “Once we know and we can help the student, then hopefully the absences stop and we are in a good place. But if our truancy measures are not successful, then that is where we would consider a referral to truancy court.”