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?