The majority of individuals have heard the terms educational and neglect separately. When put together, however, they may not mean what an individual thinks.
In the legal sense, Texas, educational neglect is a family law concept. Emotional neglect occurs when a legal guardian or a parent does not provide for the basic educational needs of their child or children.
When a child reaches a certain age, they are required to be enrolled in school, homeschooled, or provided the special education training they need. In Texas, children must be enrolled in school from ages six to 19, unless they graduate, obtain their GED, or meet certain exemptions.
If a child is enrolled in kindergarten, their attendance is mandatory. A parent is allowed to choose the type of school their child receives, so long as they are enrolled by the required age.
Even though these types of rules are usually thought to apply to younger aged children, they also apply to minor children. In the State of Texas, the age of majority is 18.
It is important to note that educational neglect can, in certain situations, be considered a type of child neglect or child abuse. The key difference between neglect and abuse is that neglect occurs accidentally, whereas abuse usually involves intentional harm that is caused to a child.
Currently, in 24 states educational neglect is a type of child abuse. In Texas, it is included under the broad category of child neglect.
All states, including the State of Texas, have their own procedures and laws regarding age, educational requirements, and factors governing what is considered educational neglect. A Texas lawyer will be able to explain the specific laws about educational neglect in Texas.
Examples of Educational Neglect in Texas
There are examples of what conduct is commonly considered educational neglect in Texas. At the most basic level, educational neglect is when a parent interferes deliberately with their child’s education.
Specific examples of what may be considered educational neglect in Texas may include, but may not be limited to:
- Failure to Enroll or Provide Education: This happens when a parent or legal guardian does not enroll a child in school or fails to give them a comparable homeschool that meets Texas state standards.
- Interference with Education: This occurs when a child is prevented from attending school or from having access to the educational services they need, such as special education.
- Ignoring Special Needs: This happens when a parent or legal guardian refuses or fails to obtain the recommended remedial education or support for their child’s learning disability.
- Chronic Truancy or Absenteeism: This arises when a school-aged child is permitted to miss a significant number of school days without a valid excuse, which leads to chronic absenteeism.
- Unreasonable Supervision Failure: This arises when a parent or guardian does not reasonably supervise and encourage school attendance, which makes them a chronic truant.
Is It Illegal to Not Send Your Child to School in Texas?
Yes, in Texas, it is against the law for a parent or legal guardian not to enroll their child in school and make sure they attend full time from ages six to 19, depending on the circumstances. The compulsory education laws in Texas require that children attend school unless they are legally exempt.
Children may be exempt if they are in an approved homeschooling program or attending a private school. When a parent or legal guardian is not in compliance with Texas compulsory education laws, they may face citations and involvement from Child Protective Services (CPS).
The specific way a child is educated, whether that is through public school, private school, or home school if not specified under state law, meaning a parent or legal guardian may choose the way their child is educated. They are simply required to provide their child with an education by the age of six that meets the educational standards of Texas law.
It is important to be aware that Texas parents and legal guardians can exempt their children from public school instruction if it conflicts with their moral or religious beliefs through an opt-out process under the Texas Religious Freedom Restoration Act (TRFRA). For any questions about a child’s education in Texas, it is very important to schedule a Texas lawyer consultation.
How To Prove Educational Neglect in Texas
In order to prove educational neglect in Texas, it is important to show there is a pattern of failure to enroll or keep a school-aged child in school without a valid reason which resulted in a lack of appropriate education or chronic absences. School attendance reports are often used to show truancy in educational neglect situations.
Showing educational neglect requires proving the parent or legal guardian engaged in willful disregard for the child’s education over time and that it was not one single incident. Specific examples of the types of evidence that may be used to show educational neglect in Texas can include, but are not limited to:
- Witness statements from educators and teachers
- Documentation of a child’s unmet needs, for example, a lack of resources in the home
- A number of absences that harmed or impaired the child’s education
- Attendance records that show continuous or repeated absences without a valid excuse or explanation
- Documentation that the child’s parent or legal guardian was aware of the issue but failed or refused to address it, leading to educational neglect
- Evidence of the parent or legal guardian not getting help for the child’s education over a period of time
Educational neglect in a child may appear in the following ways:
- Changes in classroom behavior
- Changes in academic performance
- Inability to keep up with classroom assignments
- Signs of learning difficulties that are not properly treated or addressed
- Receiving grades well below the class average
- Exhibiting poorer performance skills than other students within their same age group
Legal Consequences of Educational Neglect in Texas
Texas schools track students’ attendance and report any students with chronic absences to truancy court. If the issue is persistent, it is moved to family court, where parents have to show they are providing for their child’s education.
If the parents or legal guardians fail to comply, the court may find that they are endangering the child, which means CPS may be allowed to remove the child and the parents may face a reduction or even loss of child visitation or child custody rights as well as Termination of Parental Rights (TPR).
In Texas, parents and legal guardians can face serious legal consequences for their child’s truancy, including citations, fines, mandatory parenting classes or counseling, and community service. If they fail to comply with a court order, they can even face jail time.
Failing to provide for a child’s basic needs, which includes their education, may be considered a form of child neglect and may result in criminal charges in Texas.
Do You Need a Lawyer for Educational Neglect Claims in Texas?
If you have any concerns about educational neglect in Texas or if you are facing any charges related to educational neglect in Texas, it is essential to consult with a Texas child custody lawyer. Issues related to educational neglect can affect both you and your child now and into the future.
Your Texas child custody lawyer will be able to explain the requirements in your area and make sure you are in compliance, especially if you are homeschooling. If you are having issues, such as truancy due to a medical issue, for example, your attorney might be able to help resolve it and ensure it does not impact your parental rights or criminal record.
Take 15 minutes today to use the free attorney-client matching services LegalMatch provides to find a child custody attorney in your area who can help alleviate the stress related to your situation. LegalMatch provides matching services to lawyers in Texas who are prescreened, licensed, and who will protect your rights throughout the process.
