Page 66 - Juvenile Practice is not Child's Play

• Students Ages 10-16: No Citations at School. Students ages 10 to 16 may not be issued citations for Class C

misdemeanor offenses on school grounds.
• Students of Any Age: No Disruption of Class or Transportation. A student cannot commit the offense of

disruption of class at the school at which the student is enrolled. A student cannot commit the offense of
disruption of transportation.
• Sworn Complaint for Ages 10-16. A police officer or school official may swear out a complaint against a non-

student for disruption of class or disruption of transportation. A police officer or school official may swear out
a complaint against a student for disorderly conduct. If a district with its own police department has adopted

graduated sanctions, graduated sanctions must have been tried and failed before an official may swear out a
complaint.
• Students Ages 17 and Older. A non-student may receive a citation (or complaint) for disruption of class or

transportation. A student may receive a citation for disorderly conduct.

Children Younger Than 12 Years of Age, Disorderly Conduct

Certain disorderly conduct offenses (i.e., profanity, obscenity, loud noises, noxious odors, and fighting) do not apply

to a student younger than 12 if the conduct occurs at a public school campus during regular school hours.

Truancy Under the Texas Education Code

Absent an exemption such as attendance at a private school or homeschool, Texas law requires students age 6-19 to
attend school each day that instruction is provided. Compulsory attendance also applies to students who are younger
than six who have previously been enrolled in first grade and to students below the age of six who are voluntarily
enrolled in pre-kindergarten or kindergarten. For students over the age of 19, student truancy may result in revocation

of enrollment in certain circumstances. Tex. Educ. Code §§ 25.085-.086.

Non-criminal School Discipline

Chapter 37 requires all districts to have a Student Code of Conduct, which includes:

1. The standards for student conduct; circumstances under which a student may be removed from a classroom,
campus or Disciplinary Alternative Education Program (DAEP);
2. Conditions that authorize a principal or administrator to place a student in a DAEPl and
3. Conditions under which a student may be suspended or expelled from school.