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Honor student placed in jail for tardiness and truancy at school - Yahoo! News
Does anybody support and condone the judge's actions and words????
Or, do you find him to be the biggest prick you've heard in a long time????
Do You Have Questions About Attendance, Truancy and the Law?
Texas law is clear that children must attend school. Willis ISD always works closely with parents and students to make every effort to help students and their families follow the law regarding school attendance. Should a student have multiple unexcused absences and a pattern of failing to attend school regularly, the law is clear that the matter becomes the jurisdiction of the court system. In such cases, resolution of the issue is entirely in the hands of the court.
Texas Education Code 25.0951 states that:
If a student fails to attend school without excuse on ten or more days or parts of days within a six-month period in the same school year, the District shall within ten school days of the student’s tenth absence:
File a complaint against the student or the student’s parent or both in a county, justice, or municipal court for an offense under Education Code 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000; or
Refer the student to a juvenile court for conduct indicating a need for supervision under Family Code 51.03(b)(2).
Maybe they were. It's just possible that the judge is better informed about all the facts of the case than we are.This judge is absolutely wrong. His decision should have been based on the facts of this girl's case, not what others might do.
Maybe they were. It's just possible that the judge is better informed about all the facts of the case than we are.
At 17 Years old is it a law to be in school? 3 states I know of you can quit school at 17, maybe in TX it is different
None the less, the judge is an idiot, IMO
Was he talking about the conviction or the sentence? How do you know he ignored the circumstances? Maybe the true circumstances aren't quite as they've been presented in the press. Maybe there are factors he had to consider that haven't been reported. The simple fact is that we don't know.From what the judge himself said, his decision was based on "what about other students who would see this as setting a precedent", which ignores the fact that she had certain circumstances that were specific to her case. That is why it is best to base the decision on the information available.
But the information we have is hugely limited - a few paragraphs in a couple of news article. Certainly enough to ask further questions but not enough to lynch the judge.From the information we have, the judge was wrong.
Honor student placed in jail for tardiness and truancy at school - Yahoo! News
Does anybody support and condone the judge's actions and words????
Or, do you find him to be the biggest prick you've heard in a long time????
I will bet you if there is a connection it is tenuous at best.Any bets that the jail is privately run and the judge has connections to it?
I was reading further into the law regarding this situation. The judge clearly could have and should have "excused"* the absences and let the school handle this matter through through counseling or as a mandatory reporter referred the student to child services for evaluation or assistance. Judge Lanny Moriarty is just a bad judge and Ms. Tran had the misfortune to have him assigned to her case.
Texas Family Code - Section 51.03. Delinquent Conduct; Conduct Indicating A Need For Supervision
(d) It is an affirmative defense to an allegation of conduct
under Subsection (b)(2) that one or more of the absences required to
be proven under that subsection have been excused by a school
official or by the court or that one or more of the absences were
involuntary, but only if there is an insufficient number of
unexcused or voluntary absences remaining to constitute conduct
under Subsection (b)(2). The burden is on the respondent to show by
a preponderance of the evidence that the absence has been or should
be excused or that the absence was involuntary. A decision by the
court to excuse an absence for purposes of this subsection does not
affect the ability of the school district to determine whether to
excuse the absence for another purpose
Why did it make it to the Judge in the first place?
So the district did what they were supposed to do.Under Texas Law* it was mandatory to file a complaint against this student.(see also post 4)
"Texas Education Code 25.0951 states that:
If a student fails to attend school without excuse on ten or more days or parts of days within a six-month period in the same school year, the District shall within ten school days of the student’s tenth absence:
File a complaint against the student or the student’s parent or both in a county, justice, or municipal court for an offense under Education Code 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000;"
So the district did what they were supposed to do.
She was previously told not to miss but continued.
She is at fault.
She has no legitimate excuse for missing full days of school.
She is a truant.
Yeah, it pretty much is.This situation is not black and white.
You are assuming he didn't on both counts.Initially the judge should have referred the student to child services or other like agency/office as he is a mandatory reporter. He knew or should have know the facts and circumstance in this matter.
Bs! If anything, she set herself up.He essentially set up the student to take a fall, to be absent once again.
You have no evidence to support such a conclusion.The judge abused his discretion and shirked his responsibility the first time Ms. Tran appeared before him.
Apparently he did.The judge is the fact finder and has the responsibility to act within his appointed responsibilities.
We do not know if that is true.Ms. Tran was abandoned by both parents and supported herself and family to the point of exhaustion while pursuing her academic studies.
The burden is on the respondent to show by
a preponderance of the evidence that the absence has been or should
be excused or that the absence was involuntary.
How do you know she initially wasn't?As such the student should be referred for evaluation and assistance.
And he obviously exercised it. Just not to your liking.Point is the judge has discretion in this matter.
Of course it is punitive, as it should be. She failed to follow the previous ruling.His ruling is punitive based on the facts presented.
Under Texas Law* it was mandatory to file a complaint against this student.(see also post 4)
"Texas Education Code 25.0951 states that:
If a student fails to attend school without excuse on ten or more days or parts of days within a six-month period in the same school year, the District shall within ten school days of the student’s tenth absence:
File a complaint against the student or the student’s parent or both in a county, justice, or municipal court for an offense under Education Code 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000;"
Yeah, it pretty much is.
You are assuming he didn't on both counts.
Bs! If anything, she set herself up.
You have no evidence to support such a conclusion.
Apparently he did.
We do not know if that is true.
The absences can be deemed "involuntary" pursuant to statute,
How do you know she initially wasn't?
And he obviously exercised it. Just not to your liking.
Of course it is punitive, as it should be. She failed to follow the previous ruling.
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