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Thread: Honor student placed in jail for tardiness and truancy at school

  1. #141
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by roguenuke View Post
    Its not that hard. If someone is making good grades, despite missing a lot of school days, then those should be excused. Obviously they are putting in at least enough effort for them to be able to learn what they need to know.

    You are the one suggesting that every student should is allotted a certain amount of money due to them being registered at school and if they miss too many days, that money is being wasted. I absolutely do not agree.
    I'm not the one suggesting that every student is allotted a certain amount of money. That is the way that it IS done. Your suggestion would require that the money be allocated to the schools on a daily basis. Being determined by how many students were attending THAT day. And not just on a daily basis but an at the end of the day basis.
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  2. #142
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by roguenuke View Post
    The problem then is what is seen as "excusable". That is easily changed and can be determined by the school, the district, or another authority in most cases. The truancy law in question here even allows authority figures to decide if a student's absences should be excused. It only takes a little discretion. The only way money is wasted is if those in charge don't know how to actually apply critical thinking skills to student absences.
    I think that most of the time what is and isn't excuseable is obvious. Also not everyone is the brightest bulb in the pile.
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  3. #143
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    I'm not the one suggesting that every student is allotted a certain amount of money. That is the way that it IS done. Your suggestion would require that the money be allocated to the schools on a daily basis. Being determined by how many students were attending THAT day. And not just on a daily basis but an at the end of the day basis.
    That isn't how it is done though. As you stated, doing that would require some major micromanagement to ensure that each student was actually receiving the same amount of attention for the money each student brings the school.

    My suggestion is to not worry so much about how much money is going for each student, and instead worry about trying to ensure that students are learning. If they are making good grades and able to actually learn more if they wish to and the school is able to provide that or show them how, then the student's needs are being met.

    We structure school way too much in trying to treat students as if they are all the same. They aren't. And while we should provide opportunities for people to get more education beyond just the basics, it should not be mandatory for students to take advantage of those extras.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    I think that most of the time what is and isn't excuseable is obvious. Also not everyone is the brightest bulb in the pile.
    Which is why the educators and if necessary people such as judges should actually find out facts and, as I said, use critical thinking skills to determine whether each individual absence should be excused or not. It would really only take a little extra time since the more common things should automatically be excused, such as doctor's appointments and family emergencies. The other absences are what should be looked at as being able to be excused on a case by case basis.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    Even an 18 year old can be. And personally I see no problem with it. If they are considered adults and voluntarily sign up to go to school then they should be required to go since it is the taxpayers that are footing the bill for their education. It would be a waste of tax dollars if they signed up to go to school only to continueally miss school days.
    She was a ****ing honor student, in advanced learning courses, and working two jobs on top of that. So she missed some days of class, who cares? She's far exceeding the average, which means she's actually putting those tax dollars to phenomenal use. But instead, we have to 'go by the book', and send this infinite source of potential to jail, where she will learn how to properly shoot heroin, and the abc's of prostitution. She may even get a fast track course on the ins and outs of being a coke mule. It's so exciting and wonderful how we treat our own young.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

  6. #146
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    I am on this one.
    lol;
    No you are not.


    Quote Originally Posted by Connery View Post
    He has been previously cited for ethics violations and paid a civil penalty,
    Has nothing to do with this case and was a minor infraction at the most.


    Quote Originally Posted by Connery View Post
    he violated Ms. Trans civil rights and committed another ethics violation...
    No he didn't.


    Quote Originally Posted by Connery View Post
    No he vacated his judgment as requested by the District Attorney.

    That doesn't mean his original decision wasn't just fine.


    Quote Originally Posted by Connery View Post
    Anybody who is complaining about her paltry 24 hours is crying over spilted milk.

    She was given a chance but didn't follow the Court's orders. She received far less than she should have been given for her contempt.
    Wrong
    lol
    No, you are wrong.


    Quote Originally Posted by Connery View Post
    Throughout this thread you have relied on faulty reasoning,

    That was you saying he had discretion that he didn't have.


    Quote Originally Posted by Connery View Post
    ignored both facts and the law and have injected phantom facts into this issue.
    And again that was you misreading the law and it was pointed out to you.
    And it wasn't just me pointing it out to you.
    You were wrong.
    Especially when it came to your reading of the Judicial Cannons.


    Quote Originally Posted by Connery View Post
    The judge saw the "light",
    lol
    No, he honored/ruled in favor of a request from the DA's office.


    Quote Originally Posted by Connery View Post
    "Moriarty, at the Montgomery County District Attorney's request, signed an order that vacates the contempt of court conviction that sent Diane Tran to jail last week. The decision clears the way for the issue to be expunged from her record.
    Although it wasn't the same type of ruling, it has the same eventual effect as to what I was speaking.
    Post 55.
    At most, on the punitive end, he will likely suspend the rest of the sentence (the $100 fine is all that is left), with dismissal as long as she meets attendance requirements. Technically leaving her with no record.

    But since he didn't do this all on his own, but by request, we will never know.


    Quote Originally Posted by Connery View Post
    The action was taken, in part, after Moriarty looked at the extenuating circumstances that had resulted in Tran missing school(discretion) and because her court summons had failed to notify her of her right to an attorney or to have one appointed for her" The judge violated her right to an attorney, he did not conduct a fair and meaningful hearing. "Judges, however, must balance considerations of fairness to represented parties with due process requirements mandating that pro se litigants receive meaningful hearings." He is commanded to do so as a matter law and the "Code of Judicial Conduct CANON 3"
    lol
    No, he honored/ruled in favor of a request from the DA's office.
    That is all that happened here.

  7. #147
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by ttwtt78640 View Post
    You would prefer a $100 fine?
    Fine, maybe some community service or something else like that. There's plenty of ways we can hand out punishment for something like this without resorting to prison terms.
    You know the time is right to take control, we gotta take offense against the status quo

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  8. #148
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    Actually the truancy law there in Texas requires a $500 dollar fine per absense.
    What!? But it's reported after 10 absences, that's 5 grand! I think perhaps that's a bit on the excessive side.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  9. #149
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    The district attorney signed off that the summons didn't inform her of her rights. Not that the judge didn't. As to her being arrested in court...so what?
    So what????? If the judge did execute his duties pursuant to law, then the Judge's order would have survived scrutiny. A magistrate is commanded to inform Ms. Tran of her rights pursuant to Texas law as well as other applicable law .


    TEX CR. CODE ANN. 15.17 : Texas Statutes - Article 15.17: DUTIES OF ARRESTING OFFICER AND MAGISTRATE
    The magistrate shall inform in clear language the person arrested, either in person or through the electronic broadcast system, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial....
    TEX CR. CODE ANN. 15.17 : Texas Statutes - Article 15.17: DUTIES OF ARRESTING OFFICER AND MAGISTRATE
    http://tcweb.tarrantcounty.com/ejust...n2012_comb.pdf


    She was not arrested until after the judge sentenced her to a night in jail.
    Then why was she sent to jail in the first place? FAILURE TO ATTEND SCHOOL carries a fine only punishment


    "TEX ED. CODE ANN. 25.094 : Texas Statutes - Section 25.094: FAILURE TO ATTEND SCHOOL
    (a) An individual commits an offense if the individual:
    (2) fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period.

    (e) An offense under this section is a Class C misdemeanor."
    TEX ED. CODE ANN. 25.094 : Texas Statutes - Section 25.094: FAILURE TO ATTEND SCHOOL

    "Texas Penal Code - Section 12.23. Class C Misdemeanor 12.23.
    CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500."
    Texas Penal Code - Section 12.23. Class C Misdemeanor - Texas Attorney Resources - Texas Laws

  10. #150
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by roguenuke View Post
    That isn't how it is done though. As you stated, doing that would require some major micromanagement to ensure that each student was actually receiving the same amount of attention for the money each student brings the school.
    Maybe I'm not explaining myself correctly here.

    Every year, once a year, in my school district they allocate a set amount of money to our schools. They allocate this money based upon how many students have enrolled for school. Now I don't know exact numbers so am just going to use random numbers here. For each student enrolled they provide $5,000. So if 30 students enroll that means that the school is allocated $150,000. This does not include operating costs such as teachers pay or electricity costs. So other than administrative costs they get no more money period. That $150,000 has to last through out the whole school year. That $150,000 is in a general pool and is dipped into whenever the school requires something that is directely related to the children as a whole.

    So when they go to make lunches for the kids they spend X amount on that food. They do of course adjust it a bit based on how many is registered for free lunches vs those that pay for the lunch ($1.50 is the price). So just to make things simple we're going to assume that everyone recieves free lunches. Now lets say that to make that lunch it costs $100. They draw that out of the general fund which leaves $149,900. Now what happens if a child does not go to school for no valid reason? That means that $3.33 worth of food was just wasted. They can't keep that food, it has to be thrown away.

    Now do you see what I mean?

    Quote Originally Posted by roguenuke View Post
    My suggestion is to not worry so much about how much money is going for each student, and instead worry about trying to ensure that students are learning. If they are making good grades and able to actually learn more if they wish to and the school is able to provide that or show them how, then the student's needs are being met.
    It would be wonderful if we didn't have to worry about costs. But the world runs on money. And the states, and feds only have a finite amount of money. Money that must also be allocated in other areas besides schooling. If a school ends up using more money than it is allocated then that extra money has to come from somewheres. Where do you suggest we draw that money from? Police? Hospitals? Fire departments? Road repairs? See what I'm getting at?

    Quote Originally Posted by roguenuke View Post
    We structure school way too much in trying to treat students as if they are all the same. They aren't. And while we should provide opportunities for people to get more education beyond just the basics, it should not be mandatory for students to take advantage of those extras.
    Bold: I agree, we do. And if its one thing that I have learned being a parent is that no two kids are ever exactly alike. Do you have a workable suggestion as to how to fix this?

    What to you is the basics? What is extra? Would it coincide with everyone elses beliefs as to what is "basic" and what is "extra"?
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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