Attorneys Deron R. Harrington, Dawn Zell Wright, Susan H. Soto, and
Carole Stewart Anhalt take legal action to protect the students of Fort Bend
Independent School District (“Fort Bend ISD”)

* Both Fort Bend County and Fort Bend ISD Supported the Operation of
Magistrate Activities Unlawfully and Deceptively Held Out to the Public as the Fort Bend County Truancy Court
• The Fort Bend County Truancy Court that is NOT a Court of Law Lawfully
Created Under the Texas Constitution
o Fort Bend County Commissioners have no Lawful Power to Create a
Criminal Court of Law with Original Jurisdiction to Hear FTAS
Complaints
* Ford Bend ISD Issued Legally Prohibited Failure to Attend School (“FTAS”)
Citations directing Students and Parents to the Unlawful Court
* Such Unlawful Color of the Law Activities Serve as the Major Catalyst for Many
of the Violations of the Texas and United States Constitution including Causing
Unlawful Detainment and Unlawful Takings, Prohibiting the Ability of the Accused to Confront the Accuser, and Completely Destroy both Procedural and Substantive Due Process Under the Law

We are Requesting Texas Governor Greg Abbott to Appoint a Special Prosecutor
to Investigate Possible Criminal Violations

Attorney Deron R. Harrington announced today that a team of Fort Bend County attorneys initiated legal action to protect and defend the constitutional rights held by the students and parents of Fort Bend ISD.

The civil legal action, styled Roach v. Ingram, et al., was undertaken in Fort Bend County District Court. The matter has been assigned to the 268th District Court with Cause No. 15-DCV-223241. The legal action seeks a declaratory judgment and supplemental relief from the Court.

All such unlawful activities were designed to maintain and perpetuate, at a high volume, a fully automated system of computerized mass generated filings of unlawful and fatally defective (“FTAS”) citation/notice to appear/complaints to recklessly manufacture and over criminalize truancy. All of these activities are outside the constitution or the laws of Texas. This unlawful activity by Fort Bend ISD and Fort Bend County serves as the major catalyst for many of the violations of the Texas and United States Constitution perpetrated against the Plaintiffs.

Attorney Deron R. Harrington stated, “The Constitution applies to every American and I will vigorously step forward to protect and defend the fundamental rights all Americans hold. In spite of some potential solid intentions by good people, we have inflicted significant damage on our children and these unlawful actions have struck the most vulnerable kids in our community extremely hard. I fully support dealing with real truancy in any lawfully prescribed manner but our actions must always be conducted lawfully and must not violate the fundamental rights we all hold as Americans.”

Attorney Dawn Zell Wright added, “Even if the truancy program was started with good intentions, the reality is that the inequities of a system based on lawlessness leaves vulnerable those who need protection most. If we ignore what’s happening, then we say it’s ok to make criminals out of children who are not criminals. We fail them. This failure is further compounded if we ignore the disparate impact to those students who get caught up in the vicious cycle.”

Attorney Susan H. Soto said, “As a former public school teacher and principal, I recognize that the time is long overdue for school districts in Texas to take responsibility for their actions and decisions. Fort Bend ISD has failed students caught up in the truancy program — and their parents — in this regard. The era of a school district being beyond question must end.”

Attorney Carole Stewart Anhalt stated, “All Americans, including children, are entitled to due process rights under the U.S. Constitution. Fort Bend County and Fort Bend ISD must be compelled to follow all laws, including the U.S. Constitution, the Texas Constitution, as well as Texas statutes. Because that has not occurred with Fort Bend County’s attempts to combat truancy, it has become necessary to engage the judicial system to compel both Fort Bend County and the Fort Bend ISD to follow the law.”

Under Texas law, students aged 12 to 17 who are charged with the Class C misdemeanor criminal offense of 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 (“FTAS”) 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. The overwhelming majority of these students are in homes that are classified as economically disadvantaged. In addition, African American, Hispanic, and Special Education students have been disproportionately impacted.

Pro bono intake and potential client signup continues to be coordinated through the Law Office of Deron R. Harrington. However, a separate website address of www.classnotcourt.com has been established to facilitate such. To learn more about pro bono legal representation available for students of Fort Bend ISD charged with FTAS, visit http://www.classnotcourt.com.