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  1. #1
    BryanK519 is offline Junior Member
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    School Contributed to Negligence in Truancy Case?

    What is the name of your state (only U.S. law)? Texas

    I'm a father of two boys and I'm about to go to court for failure to comply with compulsory attendence laws. I won't go into details as to why my boys were out of compliance, the truth is they are out of compliance. I've taken a number of steps, that I won't list here, to get them into compliance, and will, hopefully, demonstrate that in court. However, as an absolute last resort and out of desperation (after unsuccessfully "persuading" my boys to go to school - sick or not) I called the school and asked them whether they could send the truant officer (attendance officer) to our home, talk to the boys, and escort them to school. I figured that would be a wake-up call for them, but the school stated that they can't do that. I've requested this a number of times with the same reply.

    Texas Education Code 25.091(b)(6) states: "An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements: at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements;".

    This seems to contradict the school's position that the officer can not visit the child at home and escort him to school (which is exactly what I have been requesting). The term "duties" seems to imply that this is not merely enabling language, but obligatory.

    After citing that statute I asked the attendance officer why my requests were denied when the law seems to contemplate that as part of his obligations, he simply stated that the school district can't do that.

    I intend to argue that the school district contributed to the negligence by refusing to fulfill its obligations as enumerated in this statute.

    Do I have a case?
    Last edited by BryanK519; 01-20-2011 at 06:07 PM. Reason: Deleted duplicative sentence
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by BryanK519 View Post
    What is the name of your state (only U.S. law)? Texas

    I'm a father of two boys and I'm about to go to court for failure to comply with compulsory attendence laws. I won't go into details as to why my boys were out of compliance, the truth is they are out of compliance. I've taken a number of steps, that I won't list here, to get them into compliance, and will, hopefully, demonstrate that in court. However, as an absolute last resort and out of desperation (after unsuccessfully "persuading" my boys to go to school - sick or not) I called the school and asked them whether they could send the truant officer (attendance officer) to our home, talk to the boys, and escort them to school. I figured that would be a wake-up call for them, but the school stated that they can't do that. I've requested this a number of times with the same reply.

    Texas Education Code 25.091(b)(6) states: "An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements: at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements;".

    This seems to contradict the school's position that the officer can not visit the child at home and escort him to school (which is exactly what I have been requesting). The term "duties" seems to imply that this is not merely enabling language, but obligatory.

    After citing that statute I asked the attendance officer why my requests were denied when the law seems to contemplate that as part of his obligations, he simply stated that the school district can't do that.

    I intend to argue that the school district contributed to the negligence by refusing to fulfill its obligations as enumerated in this statute.

    Do I have a case?
    What you quoted doesn't put an OBLIGATION or legal REQUIREMENT for the officer to leave his more pressing duties in order to escort YOUR children. Sure, he COULD, legally, but there is no requirement.

    Additionally, it seems like a MUCH better use of the officer to actually provide security at the school...
  3. #3
    Antigone* is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    What you quoted doesn't put an OBLIGATION or legal REQUIREMENT for the officer to leave his more pressing duties in order to escort YOUR children. Sure, he COULD, legally, but there is no requirement.

    Additionally, it seems like a MUCH better use of the officer to actually provide security at the school...
    So to answer the OP's directly. No the school did not CONTRIBUTE to your kid's truant behaviour.

    Seems like mom/dad need to do some serious parenting. So mom/dad do your kids have Ipods, do they watch tv. If my kid were in the position your kids seem to be in they'd have used clothes from the Salvation Army, a mattress on the floor, blanket and no door to the bedroom. I would provide, shelter, clothing and food. They'd have to earn everything else back.
  4. #4
    BryanK519 is offline Junior Member
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    The schools have their own security officers. their completely independent from the Truant Officers. The truant officers only roles are those that are listed in the statute, pertaining only to attendence. And don't misunderstand me, I'm not implying that the attendence officer be substituted for private or public transportation. This isn't a case of a lazy parent who simply doesn't have time to drive his child to school. I have literally dragged one of my son's across the floor, attempting to get him into the car.

    So you do not believe that since the staute states that the following are "duties", that does not in any way imply obligation?
  5. #5
    Silverplum is offline Senior Member
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    Quote Originally Posted by BryanK519 View Post
    The schools have their own security officers. their completely independent from the Truant Officers. The truant officers only roles are those that are listed in the statute, pertaining only to attendence. And don't misunderstand me, I'm not implying that the attendence officer be substituted for private or public transportation. This isn't a case of a lazy parent who simply doesn't have time to drive his child to school. I have literally dragged one of my son's across the floor, attempting to get him into the car.

    So you do not believe that since the staute states that the following are "duties", that does not in any way imply obligation?
    RE: the bolded above --

    And then what happened??
  6. #6
    BryanK519 is offline Junior Member
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    If you want me to list all of the things we have done to comply, I will certainly do so. This isn't a case of negligent parenting - I assure you. As a last and desperate measure, as I said in my op, I asked for an escort.
  7. #7
    BryanK519 is offline Junior Member
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    Quote Originally Posted by Silverplum View Post
    RE: the bolded above --

    And then what happened??
    I was told that trying to drag my son to the car was abusive.
  8. #8
    BryanK519 is offline Junior Member
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    I'm trying to narrow this question down, specifically to the language in the statute. I appreciate all of the "friendly" parenting advice...but I'm not looking for that. I'm looking for an opinion on legal interpretation of the statute.
  9. #9
    Silverplum is offline Senior Member
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    Quote Originally Posted by BryanK519 View Post
    I was told that trying to drag my son to the car was abusive.
    Told by WHOM??
  10. #10
    Zigner is offline Senior Member
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    Again, you have no case.
  11. #11
    BryanK519 is offline Junior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    So to answer the OP's directly. No the school did not CONTRIBUTE to your kid's truant behaviour.

    Seems like mom/dad need to do some serious parenting. So mom/dad do your kids have Ipods, do they watch tv. If my kid were in the position your kids seem to be in they'd have used clothes from the Salvation Army, a mattress on the floor, blanket and no door to the bedroom. I would provide, shelter, clothing and food. They'd have to earn everything else back.
    You have NO idea what I have been through and are in no place to make judgements. Yes, they have had EVERYTHING taken from them. They have been in front of school officials, counsellors, they have been threatened to be placed in front of the judge themselves and forced to do community service, I have dragged them kicking and screaming, ... the list goes on and on. We had one of the school's security officers come out to the car and escort one of my son's into the school when he refused to get out of the car. I have done everything that I can possibly think of, but the one thing that has not been tried, is an escort from the officer which the school refuses to do.

    Now am I saying that I am not accountable for my children? Absolutely not. Am I saying there is a valid excuse for their absences? Again, no! But when faced with no other alternative and I ask for the school's assistance, something that is provided for by law, and they refuse....do they share some obligation in this? That is my question.
  12. #12
    BryanK519 is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    Again, you have no case.
    Thank you Zigner, at least you answered the specific question I was asking.
  13. #13
    stealth2 is offline Senior Member
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    How and why has the situation reached this point? How old are your sons?
  14. #14
    KnownOne is offline Member
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    Quote Originally Posted by Zigner View Post
    What you quoted doesn't put an OBLIGATION or legal REQUIREMENT for the officer to leave his more pressing duties in order to escort YOUR children. Sure, he COULD, legally, but there is no requirement.

    Additionally, it seems like a MUCH better use of the officer to actually provide security at the school...
    How does one define duty in this context?
    So if an officer has a duty to pull a person out of a burning car, then he can choose to do what he wants legally?
  15. #15
    TheGeekess is offline Senior Member
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    Quote Originally Posted by KnownOne View Post
    How does one define duty in this context?
    So if an officer has a duty to pull a person out of a burning car, then he can choose to do what he wants legally?
    Time to take your meds.... the nurses are hunting you; they think you're out on the patio.

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