New Commissioner’s rules concerning truancy prevention took effect on January 1. Updates to Sections 121.104 – 129.1047 of the Texas Administrative Code impose new obligations on school districts to prevent truancy among general education and special education students. For example, every district must conduct a “needs assessment” at the beginning of each school year, and provide students and parents with access to information on available services to address barriers to attendance. The new rules list sixteen categories of services that must be included in the information, and require certain district personnel—including attendance officers, 504 coordinators, special education staff, and many others—to meet and discuss strategies for cooperation to combat truancy. Additionally, districts must consider offering before / after school and Saturday prevention or intervention programs and services.

The most significant change, however, impacts the provision of services to students with disabilities. To comply with the law, districts must now establish procedures to notify a disabled student’s ARD or 504 committee of the student’s attendance deficiencies, and ensure the committee considers whether the student’s attendance problems warrant an evaluation, reevaluation, or modifications to the student’s IEP or 504 plan.

Any aggrieved party may file a complaint with TEA alleging a violation of these new truancy prevention measures, and TEA can request documentation of compliance with the rules at any time. If a district fails to comply, the Commissioner can implement sanctions under § 39.102(a) of the Texas Education Code, which includes, among other interventions, additional TEA monitoring and a required hearing before TEA to explain the district’s performance deficiencies. To read the text of the rules, visit: http://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Adopted_Commissioner_of_Education_Rules_-_Not_Yet_Effective/