Does a justice or municipal court have jurisdiction over an 18 year old truant student whose is voluntarily enrolled in school?

The lack of response to juvenile law posts never fails to amaze me.

Here are my thoughts for what they are worth.

EC 25.085 requires children to attend school.
However, subsection (e) appears to require 18 year olds voluntarily enrolled to attend each school day. However, subsection (e) further states that the school district may revoke the enrollment of an 18 year old if the 18 year old has more than 5 unexcused absences. Once the 18 year old's enrollment is revoked he can be prosecuted under EC Sec. 37.107. You'll note that none of the other subscections have this extra language.

The idea appears to be that if an 18 year old does not want to attend school why mess around with him? Just cut him loose and prosecute if he commits a trespass on school grounds.

Since my CCL judge does the truancies, he issues a formal court order that the 18 year old attend. When he then fails to be present, we file Class B contempt and handle it that way. I normally go with a no fine probation, and agree to dismiss as soon as they get a GED or high school diploma.

Lisa L. Peterson
Nolan County Attorney