1. STATE OF TEXAS § AGREEMENT FOR
§ TRUANCY COURT
COUNTY OF DALLAS § FUNDING
WHEREAS, the County of Dallas (County) and the Focus Learning Academy District
desire to address the problem of truancy within the County; and
WHEREAS, under Texas Law, justice courts, municipal courts, and constitutional county
courts have jurisdiction to accept and dispose of cases brought for the offenses of Failure
to Attend School (§25.094, Education Code) and Parent Contributing to Nonattendance
(§25.093, Education Code); and
WHEREAS, the County has created four constitutional county courts to handle only
Failure to Attend School cases and Parent Contributing to Nonattendance cases; and
WHEREAS, the County will fund the truancy courts to handle cases filed by Focus
Learning Academy; and
WHEREAS, Focus Learning Academy desires to contribute to this effort;
NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the
County and Focus Learning Academy upon and for the mutual consideration stated
herein:
I.
TRUANCY COURT PLAN
Dallas County will continue to operate four (4) Truancy Courts. Truancy Courts shall be
county constitutional courts with the County Judge presiding and utilizing full time
magistrates to hear all matters before the courts. Court costs and fines collected from these
courts (non-state revenue) shall be retained by the County and used solely for truancy
prevention programs, including operating expenses of the Truancy Courts. Further, the
County will provide the facilities and supplies for operation of the courts.
II.
Focus Learning Academy FUNDING OF TRUANCY COURTS
Focus Learning Academy shall provide funding for the Truancy Courts as follows:
A. All fine moneys owed to Focus Learning Academy by Dallas County Justice of the
Peace Courts as of the effective date of this Agreement for cases then pending or
previously disposed shall belong to the County as Focus Learning Academy’s
contribution to operating costs for the Truancy Courts.
B. For the duration of this Agreement, Focus Learning Academy will forego receipt of
fine monies collected by the Truancy Courts and otherwise payable to Focus
Learning Academy under Section 25.093(d)(1) of the Education Code. Such monies
shall be deposited in the General Fund of the County, and used by the County

2. solely for truancy prevention programs, including operating expenses of the county
Truancy Courts.
III.
TERM AND TERMINATION
A. The term of this Agreement shall commence on the execution of this Agreement
and shall continue as long as the Truancy Courts established as set forth in Section
I of this Agreement are in existence.
B. Either party may terminate this Agreement, with or without cause, upon 90 days
written notice to the other party. However, early termination by Focus Learning
Academy shall not relieve Focus Learning Academy of its obligations under
Section II.B. of this Agreement for the then current fiscal year.
C. Notwithstanding any provisions contained herein, this Agreement is expressly
contingent upon the availability of funding for each obligation contained herein for
the term of the Agreement and any extension thereto. In the event that either party
is unable to fulfill its obligations under this Agreement as a result of lack of
sufficient funding or if funds become unavailable, this Agreement will terminate
without penalty to, or further obligation of, either party.
IV.
REPORTS
County shall remit to Focus Learning Academy a quarterly report(s) showing expenses
of, and revenue collected by, all four of the truancy courts as set forth in Section I.
Additionally, County shall remit to Focus Learning Academy such other reports as may
be mutually agreed upon by the parties.
V.
AGENCY-INDEPENDENT CONTRACT
The County and Focus Learning Academy agree and acknowledge that each entity is not
an agent of the other entity and that each entity is responsible for its own negligent acts or
omissions or other tortious conduct, and for those of its agents or employees in conjunction
with this Agreement without waiving any sovereign or governmental immunity available
to either the County or Focus Learning Academy and without waiving any available
defenses under Texas law. This Agreement does not and shall not be construed to entitle
either party or any of their respective employees, if applicable, to any benefit, privilege or
other amenities of employment applicable to the other party. Nothing in this Agreement
shall be construed to create or grant any rights, contractual or otherwise, in or to any third
persons or entities.
VI.
AMENDMENT

3. This Agreement may not be amended except in a written instrument specifically referring
to this Agreement and signed by the parties hereto.
VII.
BINDING AGREEMENT, AUTHORITY, PARTIES BOUND
This Agreement has been duly executed and delivered to all parties and constitutes a legal,
valid and binding obligation of the parties. Each person executing this Agreement on
behalf of each party represents and warrants that they have full right and authority to enter
into this Agreement.
VIII.
APPLICABLE LAW
This Agreement shall be expressly subject to the participating parties’ sovereign and
governmental immunity, Title 5 of the Texas Civil Practice and Remedies Code, and all
applicable federal and state law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and venue of any legal action filed by any
party shall be in Dallas County, Texas.
X.
SEVERABILITY
In the event that one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality, or unenforceability of the Agreement shall be construed as if such invalid,
illegal, or unenforceable provision has never been contained herein, but shall not affect the
remaining provisions of this Agreement, which shall remain in force and effect.
Focus Learning Academy COUNTY OF DALLAS, TEXAS
SCHOOL DISTRICT
By: ___________________________ By: _________________________
NAME Clay Lewis Jenkins
___ISD Board President Dallas County Judge
APPROVED AS TO FORM: APPROVED AS TO FORM:

4. By: ___________________________ By: _________________________
NAME Gordon Hikel
Focus Learning Academy Attorney Assistant District Attorney