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

  1. #11
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Snake_Plissken View Post
    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
    The age in Texas is 18.

    And I agree that the judge's decision seems on the surface to be idiot, but perhaps the law in TX doesn't give him a choice. I am not familiar with the process in TX.
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by roguenuke View Post
    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.
    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.

    Quote Originally Posted by roguenuke View Post
    From the information we have, the judge was wrong.
    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.

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

    Quote Originally Posted by Dragonfly View Post
    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????
    Any bets that the jail is privately run and the judge has connections to it?
    PeteEU

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

    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 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
    Last edited by Connery; 05-29-12 at 10:43 AM.

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

    Quote Originally Posted by PeteEU View Post
    Any bets that the jail is privately run and the judge has connections to it?
    I will bet you if there is a connection it is tenuous at best.


    The Judge was right.
    She was a truant.
    She had no legitimate reason to miss whole days of school.

    The girl should have listened the first time she was told.
    Last edited by Excon; 05-29-12 at 10:41 AM.

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

    Quote Originally Posted by Connery View Post
    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?
    Last edited by Excon; 05-29-12 at 10:39 AM.

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

    That's ridiculous.

    Jail should only be for serious things you've done *wrong* - not for something stupid as not going to school on occassion . . . holy crap. He's an asshole. Meanwhile - I'm sure there are numerous other students who are little school skipping punks and write fake notes, beat up kids, and everything and nothing's happening to them.

    Just wow - not all Texans are douchers but he sure is one.
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Excon View Post
    Why did it make it to the Judge in the first place?
    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 studentís tenth absence:

    File a complaint against the student or the studentís 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;"

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

    Quote Originally Posted by Connery View Post
    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.

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

    Quote Originally Posted by Excon View Post
    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.
    This situation is not black and white. 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. He essentially set up the student to take a fall, to be absent once again. The judge abused his discretion and shirked his responsibility the first time Ms. Tran appeared before him. The judge is the fact finder and has the responsibility to act within his appointed responsibilities.

    Ms. Tran was abandoned by both parents and supported herself and family to the point of exhaustion while pursuing her academic studies. The absences can be deemed "involuntary" pursuant to statute, As such the student should be referred for evaluation and assistance. Should the judge feel that the student acted contrary to the warning given her, he was well within his discretion to take the "totality of the circumstances" into consideration and dismiss charges. Point is the judge has discretion in this matter. His ruling is punitive based on the facts presented.

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