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Justice Department Investigates Texas Truancy Courts

Justice Department Investigates Texas Prosecution Of Children For Truancy
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White House reporter, HuffPost

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WASHINGTON, DC - MARCH 04: Attorney General Eric Holder delivers remarks about the Justice Department's findings related to two investigations in Ferguson, Missouri, at the Robert F. Kennedy Department of Justice Building March 4, 2015 in Washington, DC. Holder delivered the remarks for an audience of department employees who worked on the investigations after a white police officer shot and killed an unarmed black teenager, sparking weeks of demonstrations and violent clashes. (Photo by Chip Somodevilla/Getty Images)

WASHINGTON -- The Department of Justice is investigating whether truancy courts in Dallas County, Texas, deny due process to juveniles charged with failing to attend school by preventing access to lawyers and imposing large fines. Texas is one of two states where truancy is prosecuted as a crime in adult courts.

“The Constitution’s guarantee of due process applies to every individual, regardless of age or disability,” Attorney General Eric Holder said in a statement Tuesday, announcing the probe into Truancy Court and Juvenile District Court in Dallas County. “This investigation continues the Justice Department’s focus on identifying and eliminating entryways to the school-to-prison pipeline, and illustrates the potential of federal civil rights law to protect the rights of vulnerable children facing life-altering circumstances."

Under Texas law, individuals charged with Class C misdemeanors, such as truancy, are not provided access to a lawyer. As a result, the vast majority of students charged with the crime of "failure to attend school" either plead guilty or no contest in court. Once convicted, they can be fined up to $500 per offense, plus additional court costs. Those who fail to pay can be arrested when they turn 17 years old.

In 2013, more than 115,000 Texas students were charged with truancy in adult courts -- more than double the total number of truancy cases adjudicated in all other states combined, according to the nonprofit advocacy group Texas Appleseed.

Data show that the fines and penalties imposed by Texas truancy courts disproportionately affect poor and minority students, as well as students with disabilities. In 2013, Texas Appleseed filed a formal complaint with the Justice Department that raised many of the issues that Holder said would be addressed in the investigation launched this week.

"We're glad to see that the Department of Justice shares the concerns we have with Texas truancy courts, and that it believes the issues raised in our compliant merit a closer look," Deborah Fowler, executive director of Texas Appleseed, said in an interview with The Huffington Post. "We look forward to working with the Justice Department and the county to find a resolution that better protects students' constitutional rights and helps prevent court involvement in situations where it is clearly inappropriate."

The federal probe is designed to address what's known as the school-to-prison pipeline. In 2013, schools in Meridian, Mississippi, agreed to settle a Justice Department lawsuit alleging that school discipline practices discriminated against black students. The settlement came a month after the Justice Departmentannounced a settlement with Palm Beach County, Florida, over similar complaints.

The announcement of the Texas investigation came the same day the Texas State Senate held a hearing on a bill that would decriminalize truancy. Senators hotly debated the legislation, with supporters arguing truancy courts needlessly turn juveniles into criminals, and opponents claiming the stiff penalties are needed to keep kids in school.

Wyoming also prosecutes truancy charges in adult court.

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Before You Go

Politicians React to Eric Holder's Resignation
Sen. Mitch McConnell (R-Ky.)(01 of27)
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“I could not support the President’s nomination of Eric Holder in 2009 because of the many questionable decisions he’d made as Deputy Attorney General. Five years later, I’m confident in the wisdom of that decision," McConnell, the Senate minority leader, said in a statement on Thursday."Holder has placed ideological commitments over a commitment to the rule of law. These are not the qualities the American people look for in the nation’s highest law-enforcement official. So I will be scrutinizing the President’s replacement nominee to ensure the Justice Department finally returns to prioritizing law enforcement over partisan concerns.” (AP Photo/J. Scott Applewhite) (credit:ASSOCIATED PRESS)
Sen. Ted Cruz (R-Texas)(02 of27)
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"It is good news that Eric Holder has announced his resignation. Sadly, he has proven to be the most partisan attorney general in our history, repeatedly defying and refusing to enforce the law," Cruz said in a statement on Thursday. " It did not have to be this way, but Holder’s leadership has grievously undermined the Department of Justice’s long bipartisan tradition of independence and fidelity to law." (AP Photo/LM Otero) (credit:ASSOCIATED PRESS)
Sen. Patrick Leahy (D-Vt.)(03 of27)
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Leahy, the chairman of the Senate Judiciary Committee, praised Holder's tenure's leadership in a statement on Thursday."Under his leadership, the Department has had remarkable success in convicting terrorists and disrupting threats to national security, while upholding the Department’s mission of keeping our communities safe from crime and fighting fraud," he said. "I particularly appreciate how Attorney General Holder has restored the Civil Rights Division to its historical mission. His dedication to defending Americans’ voting rights, at a time when these constitutional rights are under attack, has been supremely important." (AP Photo/J. Scott Applewhite) (credit:ASSOCIATED PRESS)
Rep. Nancy Pelosi (D-Calif.)(04 of27)
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Attorney General Holder’s leadership throughout the events in Ferguson, Missouri honored the finest traditions of our nation’s unending pursuit of a more perfect union," Pelosi, the House Minority Leader, said in a statement on Thursday. "The nation’s first African American attorney general poured himself into the cause of full equality for all citizens, acting without delay to investigate and prosecute hate crimes against LGBT Americans and to ensure equal protection for Americans in same-sex marriages." (AP Photo/J. Scott Applewhite) (credit:ASSOCIATED PRESS)
Sen. David Vitter (R-La.)(05 of27)
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"Anyone sad to see Eric Holder stepping down as AG? Not me. I can’t think of any AG in history who has attacked Louisiana more than Holder," Vitter tweeted on Thursday. (AP Photo/Melinda Deslatte) (credit:ASSOCIATED PRESS)
Rep. Jeff Duncan (R-S.C.)(06 of27)
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"Good riddance Eric Holder. Your disregard for the Constitution of the United States will not be missed," Duncan tweeted on Thursday. (AP Photo/J. Scott Applewhite) (credit:(AP Photo/J. Scott Applewhite))
Sen. Charles Schumer (D-N.Y.)(07 of27)
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“Eric Holder served his country long and well in many different capacities. I was particularly impressed at Attorney General Holder’s strong advocacy for voting rights," Schumer said in a statement on Thursday. "As nefarious forces tried to turn back the hard-won right to vote, Holder was ‘Horatius at the Bridge’ in many cases, preventing or slowing down their regressive march to take away people’s hard-earned rights.” (AP Photo/J. Scott Applewhite) (credit:ASSOCIATED PRESS)
Rep. Hank Johnson (D-Ga.)(08 of27)
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While he will be greatly missed, I congratulate Eric for his unparalleled accomplishments in civil and human rights, reforming the criminal justice system and reducing the number of federal inmates – especially in the face of hostile obstructionists bent on assassinating his character to score cheap political points. I wish him and his family the very best in their future endeavors,” Johnson said in a statement on Thursday. (AP Photo/Paul Abell) (credit:ASSOCIATED PRESS)
Rep. John Conyers (D-Mich.)(09 of27)
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"As the first African American to serve as Attorney General, Mr. Holder has shown vigorous dedication to the American people and advancing civil rights for all," Conyers, the ranking member on the House Judiciary Committee, said in a statement on Thursday."As the fourth longest serving Attorney General in U.S. history, his devotion to the pursuit of justice is unparalleled and has comforted the nation during great times of turmoil. I appreciate that he will remain in his post until a successor is named." (AP Photo/Paul Sancya) (credit:ASSOCIATED PRESS)
Sen. Sheldon Whitehouse (D-R.I.)(10 of27)
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“Eric will be remembered as the Attorney General who brought the Department of Justice back from years of darkness under President Bush; when U.S. Attorneys were politicized, partisan tests influenced hiring, and sham legal opinions enabled our nation’s descent into torture," Whitehouse said in a statement on Thursday.Attorney General Holder restored the confidence and morale of the Department, led successful prosecutions of terrorists and cyber criminals, and safeguarded the civil rights of all Americans. As a former US Attorney, I thank him for bringing honor and dignity to the Department for the last six years.” (AP Photo/Manuel Balce Ceneta) (credit:ASSOCIATED PRESS)
Sen. Dianne Feinstein (D-Calif.)(11 of27)
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“In his role as America’s chief law enforcement officer, Eric Holder has advanced key national priorities including successfully prosecuting terrorists in federal criminal court, protecting communities from gangs and gun violence, defending civil and voting rights and ensuring all married couples are treated equally under the law," Feinstein said in a statement on Thursday. (AP Photo/J. Scott Applewhite) (credit:ASSOCIATED PRESS)
Rep. Bob Goodlatte (R-Va.)(12 of27)
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“I welcome the news that Eric Holder will step down as Attorney General," Goodlatte, the chairman of the House Judiciary Committee, said in a statement on Thursday. "From Operation Fast and Furious to his misleading testimony before the House Judiciary Committee regarding the Department’s dealings with members of the media and his refusal to appoint a special counsel to investigate the IRS’ targeting of conservative groups, Mr. Holder has consistently played partisan politics with many of the important issues facing the Justice Department.. (AP Photo/J. Scott Applewhite) (credit:ASSOCIATED PRESS)
Rep. Steve Cohen (D-Tenn.)(13 of27)
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“Eric Holder served our nation well as the United States Attorney General. I enjoyed working closely with him on several issues of justice, and I commend him for his herculean efforts to strengthen and protect voting rights and civil rights, as well as for his work on many other important justice issues including reforming our nation’s outdated drug laws,” Cohen said in a statement on Thursday. (AP Photo/Adrian Sainz) (credit:ASSOCIATED PRESS)
Rep. Marcia Fudge (D-Ohio)(14 of27)
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“As the first African American to serve in this role, Attorney General Holder has presided over the Department of Justice during a time where issues of equal treatment and protection under the law have been widely challenged and debased in our nation," Fudge, the chairwoman of the Congressional Black Caucus, said in a statement on Thursday."However, Attorney GeneralHolder has never hesitated to remind us that the pursuit of justice is a fundamental right and integral to the survival of our democracy." (AP Photo/Lauren Victoria Burke) (credit:ASSOCIATED PRESS)
Sen. Lamar Alexander (R-Tenn.)(15 of27)
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“I hope the president will nominate an attorney general this time who will faithfully apply the laws Congress has passed and not seek to impose policies the president wishes Congress had passed. The role of the top law enforcement officer in the country is to enforce the law—not to advance the president’s agenda,” Alexander said in a statement on Thursday. (AP Photo/Mark Humphrey) (credit:ASSOCIATED PRESS)
Sen. Bill Nelson (D-Fla.)(16 of27)
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"I have found Attorney General Holder to be an outstanding public servant with whom I’ve had the privilege to work with on a number of issues. Among them, he has led the fight to protect the right to vote for all citizens and that includes his recent letter warning Florida’s governor against any future efforts there to suppress the vote," Nelson said in a statement on Thursday. (AP Photo/Lauren Victoria Burke) (credit:ASSOCIATED PRESS)
Rep. Gwen Moore (D-Wis.)(17 of27)
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"I have faith that President Obama will nominate a successor who not only shares Attorney General Holder's commitment to social justice, but one who will follow in his footsteps in tackling the pressing issues facing Americans today," Moore said in a statement on Thursday. (AP Photo/J. Scott Applewhite) (credit:ASSOCIATED PRESS)
Rep. Tim Huelskamp (R-Kan.)(18 of27)
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"Is it too late to impeach #Holder? #InJusticeDepartment," Huelskamp tweeted on Thursday. (AP Photo/Charlie Riedel) (credit:ASSOCIATED PRESS)
Sen. Dick Durbin (D-Ill.)(19 of27)
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“Under Attorney General Holder’s leadership, the Justice Department has demonstrated that our criminal justice system is our most powerful tool for combatting terrorism, collecting important intelligence and incapacitating terrorists while respecting the rule of law," Durbin said in a statement on Thursday. (AP Photo/M. Spencer Green) (credit:ASSOCIATED PRESS)
Rep. Michele Bachmann (R-Minn.)(20 of27)
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"AG Holder will be remembered for his disregard for the Constitution and the rule of law, which has become emblematic of the Obama Admin,"Bachmann tweeted on Thursday. (AP Photo/Molly Riley) (credit:ASSOCIATED PRESS)
Rep. Diane Black (R-Tenn.)(21 of27)
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"#EricHolder resignation was long overdue. Here’s hoping next AG can restore trust in DOJ lost during his tenure," Black tweeted on Thursday. (AP Photo/Lauren Victoria Burke) (credit:ASSOCIATED PRESS)
Rep. Debbie Wasserman Schultz (D-Fla.)(22 of27)
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“Attorney General Holder has fought fiercely to protect the human and civil constitutional rights of all Americans. Among his accomplishments at the Department of Justice, of particular note, is his emphasis on ensuring that all Americans can exercise their right to vote," Wasserman Schultz, the chair of the Democratic National Committee, said in a statement on Thursday. (AP Photo/Lynne Sladky) (credit:ASSOCIATED PRESS)
Rep. Louie Gohmert (R-Ala.)(23 of27)
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“For many years now, I have been calling for Attorney General Holder’s resignation. Not only has he lied before Members of Congress and, ultimately, been held in contempt, he has obfuscated the truth and been the most partisan, partial, prejudiced and self-pitying Attorney General in my lifetime, including John Mitchell who went to jail for his crime," Gohmert said in a statement on Thursday. (AP Photo/Molly Riley) (credit:ASSOCIATED PRESS)
Rep. Steny Hoyer (D-Md.)(24 of27)
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During a period of deep partisanship in Washington, Attorney General Holder has not allowed politics to inhibit or influence the rule of law or the principles enshrined in our Constitution," Hoyer, the Minortiy Whip said in a statement on Thursday. (AP Photo/J. Scott Applewhite) (credit:ASSOCIATED PRESS)
Sen. Harry Reid (D-Nev.)(25 of27)
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"One of his lasting legacies at the Department of Justice will be his determined effort to address issues affecting the civil rights of all Americans. He has been dedicated in his service to our country and I wish him well," Reid, the Senate Majority Leader, said on Thursday.“It is my hope that my Republican colleagues will work with Senate Democrats to give swift and fair consideration to President Obama’s next nominee for this important position.” (AP Photo/J. Scott Applewhite) (credit:ASSOCIATED PRESS)
Sen. Barbara Mikulski (D-Md.)(26 of27)
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“In the dark days of sequester and shutdown, Attorney General Holder worked closely with me in my role as CJS Chairwoman to keep DOJ and its people on the job and on the case," Mikulski said in a statement on Thursday. (AP Photo/Cliff Owen) (credit:ASSOCIATED PRESS)
Darrell Issa (R-Calif.)(27 of27)
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"Eric Holder is the most divisive U.S. Attorney General in modern history and, in a vote supported by 17 Democratic House members, has the dubious historic distinction of being the first Attorney General held in criminal contempt by the U.S. House of Representatives," Issa said in a statement."Through strong arming reporters, practically ignoring high level wrongdoing, blocking his own agency Inspector General's access to information, and overseeing a Department that attempted to stonewall Congressional oversight with denials of what is now established fact, Attorney General Holder abused his office and failed to uphold the values of our Constitution." (AP Photo) (credit:ASSOCIATED PRESS)
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