A municipal judge wants to order a 16-yr-old to take a course to prepare her for the high school equivalency exam, since she is not attending school.
One, there must be a case before the judge before she can enter any order. Two, Education Code 25.086 seems to indicate that she cannot enter such an order unless the child is at least 17.
IS THIS CORRECT?
I think that the most important part of this is to have a case in front of the judge so that the judge has jurisdiction to enter an order.
Secondary to that is that looking at Section 25.086, I am not sure that this child would be exempt from compulsory attendance. If not exempt, then the school could file an attendance case. If attendance does not improve, then the child could be placed on juvenile probation for failure to obey a lawful court order.
Check out Art. 45.054 in the Code of Criminal Procedure which says that "on a finding by a county, justice, or MUNICIPAL COURT that an individual has committed an offense under Section 25.094, Education Code (Failure to Attend School), the court has jurisdiction to enter an order that includes... provisions requiring that ...the individual: (B) attend a preparatory class for the high school equivalency examination...(C) if the individual is at least 16 years of age, take the high school equivalency examination..."
I think the Municipal judge can do it PROVIDED THAT there has been the required finding that the individual has committed the offense.
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