Tackling truancy: Students in need of support shouldn’t be sent to court
A new report in Texas highlights violations of students’ rights and directs key reforms
By Gwen Walker, a Citrix Systems Racial and Social Justice Fellow at the National Center of Youth Law
It’s a scenario that shouldn’t exist, an experience that no student or parent should ever be made to endure. Yet, shortly after arriving at this small courthouse in southeast Texas, I watched, stunned, as the lobby filled and bustled with activity — much of it from Corpus Christi Independent School District (CCISD) students and their family members making last-minute preparations for soon-to-be-heard truancy cases.
One by one, each of these students and their respective parent or guardian went before a judge to explain the cause of their school absences. I listened as some of the students attributed their missed school days to mental health conditions such as anxiety, panic attacks, ADHD and depression — all needs that should have been addressed with supports at their school, not in this courtroom.
Unfortunately, in Corpus Christi, this shameful scene — students in court rather than in school — isn’t uncommon. Thanks to the courageous efforts of several students, however, it could soon become a thing of the past.
The Texas Education Agency (TEA), as a result of advocacy on behalf of students by the National Center for Youth Law and others, recently released the results of an investigation into CCISD. The report, which includes key corrective actions, confirms what students, families and advocates already knew: CCISD commonly violated students’ federal rights.
The TEA’s attention in the matter represents a major acknowledgement that change is needed. Let’s take a closer look at what the TEA found, and how its long-needed investigative report and corrective directives have the potential to help pave the way for improved educational experiences for students with disabilities — by keeping them in schools, where they can be supported, rather than in courts.
What was going on in CCISD?
The stories shared by families in court reflected the experiences highlighted in our complaint against CCISD and in the TEA report: CCISD consistently sent students to court for missing school without first determining whether they qualified for special education services or needed their existing special education plan revised. Further, CCISD routinely violated its Child Find obligation by failing to evaluate students who may have qualified for special education, ultimately failing all those students who were sent to court instead of being provided the educational supports to which they were entitled.
Prior to our complaint being filed, families and students were not provided information in court about requesting additional services from the school district or about seeking dismissal of their truancy case if they had a diagnosed mental health condition.
After our complaint, my observations in the Corpus Christi courtroom showed that students and parents were told they could request an Admission, Review and Dismissal (ARD) meeting to determine whether the student qualified for special education. While this is true, the legal responsibility to identify students is the school district’s, not the individual student or family’s. So even after our complaint, students were still referred to court without CCISD identifying their needs.
Putting more burden on students and families, the court also reminded them that their cases could be dismissed if they had a mental health condition — with documentation. Because no one had this documentation, no cases were dismissed.
While obtaining paperwork documenting a mental health condition might sound simple or easy, it isn’t for many families — particularly if they lack insurance, convenient access to medical care or reliable transportation.
If carried out, the TEA’s corrective actions have the potential to make a world of difference by ensuring CCISD meets its obligations, and that these burdens are not illegally placed on students and families. Among the required actions: CCISD must review students’ records and determine whether students should be evaluated for special education, and, when appropriate, decide what supports will help keep students in school. Additionally, CCISD will no longer be able to send students to court for missing school without first determining whether they’re eligible for special services or if their education plans need modification.
While these moves won’t necessarily solve every issue, they stand to help curb the current cycle of injustice that only impedes students’ educational progress and pushes them toward the school-to-prison pipeline. Hopefully, with these reforms, courtrooms will no longer fill with students in need of support.
If you’re in Corpus Christi, here are some other reminders to keep in mind:
- If you or your student is sent to court for missing school because of a mental health condition, notify the court and it must dismiss the case. It helps to bring proof, such as a letter from the student’s doctor.
- For students who were sent to truancy court by CCISD between Feb. 6, 2023, and April 16, 2024, CCISD is required to complete a folder review and take action based on the results.
- Parents and adult students have the right to a written notice prior to education plan reevaluations, notice of procedural safeguards, and an opportunity to consent to reevaluation. Parents and adult students can also meet with the ARD team to provide information about why the student is absent from school and how to get them back in the classroom.
If you or your students haven’t received these rights, contact the TEA at Keith.Swink@tea.texas.gov or (512) 463–9414. Visit here for more information on filing a complaint with the TEA.
In every student lies the potential to shape a vibrant future. Having supportive, nurturing environments to learn and grow is critical to tapping into this potential.
Gwen Walker is a Citrix Systems Racial and Social Justice Fellow at the National Center of Youth Law, where she works to bring justice and equity to youth legal systems.
