TRUANCY

This is a civil offense filed in juvenile court. The juvenile court may waive its exclusive original jurisdiction over a child charged with truancy and transfer the child to an appropriate justice or municipal court with the permission of the court that the child is transferred to. The penalty for truancy includes sanctions only. There is no fine. Truancy may be charged when a person is between the ages of 10 and under the age of 17. (Sec. 54.021, F.C.)

FAILURE TO ATTEND SCHOOL

This is a fine-only criminal offense. Justice or municipal courts have jurisdiction of this offense. This offense may be prosecuted in a justice court in the county in which the child resides or which the school is located or in a municipal court in the municipality in which the child resides or in which the school is located. It is a Class C misdemeanor, which means the maximum penalty is a fine of $500. Also, the court may enter an order to include any of the sanctions under section 54.021 of the Family Code. Failure to attend school may be charged when a person is between the ages of six and under the age of 18 or when a person is younger than six if he or she has been previously enrolled in first grade. (Sec. 25.094, E.C.)

Both truancy and failure to attend school cover the same type of conduct but because one is a civil offense and the other is a criminal offense there are jurisdictional differences and they are processed differently.