How Texas Appleseed’s Truancy Research Launched a New Issue Area

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Mary Mergler, Criminal Justice Project DirectorYesterday, we told you about how Texas Appleseed helped end the criminalization of truancy.  What we didn’t tell you was how it led to a new project for Texas Appleseed.  

In 2013, I was working primarily on truancy reform, working to change the law so that hundreds of thousands of students would no longer be charged with a criminal offense. One of the most outrageous discoveries that we made during our work was that students were not just being saddled with court fines and a criminal record for missing school, but that hundreds were being jailed as a result. Jailing a 17-year-old for missing school makes absolutely no sense and can put those children at significant risk, especially since many of those charged with truancy had severe problems that were causing their truancy – disabilities, health problems, homelessness, mental health issues, and more.  

While the criminal charge of truancy was punishable by only a fine (prior to the 2015 law change), it turns out that many courts in Texas were jailing students, as well as their parents, for not paying their fines or for not otherwise complying with the court orders, a form of modern day debtors’ prison. 

After we won on truancy, we began to focus on the debtors’ prisons issue. Our work and the work of our allies has uncovered stories of people jailed simply for not being able to pay fines associated with traffic tickets like speeding or driving without a license, as well as other Class C misdemeanors. People who break the traffic and other laws punishable by fine should be held accountable, but they do not belong in jail. It is particularly unjust that almost all of those who end up in jail are those who do not have enough money to pay the fines. The consequences of even a short jail stay can be dire – we’ve seen mothers separated from their children, people who’ve lost jobs, and others trapped in never-ending cycles of payday loans in an attempt to pay court fines and avoid more jail.

After a year of collecting and analyzing data, identifying people who have been affected, and more, we will be fighting for reform at the legislature next year. We are hopeful that the legislature will end jail time for nonpayment of fines, and just as importantly, improve court processes to treat low-income people more fairly.  I hope you’ll help us when the time comes by contacting your legislator and encouraging your friends to do the same.

This post is part of Texas Appleseed’s 20th anniversary celebration. Between now and the end of December, we’re celebrating 20 of our proudest accomplishments. Learn about the rest of our work here and on social media. Donate now if you want to support the next 20 years of fighting for justice.