TEXAS COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS

Texas Education Code Statutes

Section 25.085. COMPULSORY SCHOOL ATTENDANCE

1. (a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.
2. (b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 18th birthday shall attend school.

Section 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT

1. (a) Except as provided by this section, a student may not be given credit for a class unless the student is in attendance for at least 90 percent of the days the class is offered.

Section 25.093.(a)(b)(2) PARENT CONTRIBUTING TO NONATTENDANCE

1. (a) If a warning is issued as required by Section 25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 25.094, the parent commits an offense.
2. (b) The attendance officer or other appropriate school official shall file a complaint against the parent in:

(2) a justice court of any precinct in the county in which the parent resides or in which the school is located.

Section 25.094.(a)(1)(2) FAILURE TO ATTEND SCHOOL

1. An individual commits an offense if the individual:
1. is required to attend school under Section 25.085; and
2. fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three of more days or parts of days within a four-week period.

Section 25.095. WARNING NOTICES

1. A school district or open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period:
1. The student's parent is subject to prosecution under Section 25.093; and
2. The student is subject to prosecution under Section 25.094...
2. A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period. The notice must:
1. inform the parent that:
1. it is the parent's duty to monitor the student's school attendance and require the student to attend school; and
2. the parent is subject to prosecution under Section 25.093; and
2. request a conference between school officials and the parent to discuss the absences.
3. The fact that a parent did not receive a notice under Subsection (a) or (b) does not create a defense to prosecution under Section 25.093 or 25.094
4. In this section, "parent" includes a person standing in parental relation.

Section 25.0951 SCHOOL DISTRICT COMPLAINT OR REFERAL FOR FAILURE TO ATTEND SCHOOL

1. If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student's 10thabsence:
1. file a complaint against the student or the student's parent or both in a county, justice, or municipal court for an offence under Section 25.093 or 25.094, as appropriate.
2. If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Subsection (a), the school district may:
1. file a complaint against the student or the student's parent or both in a county, justice, or municipal court for an offence under Section 25.093 or 25.094, as appropriate.
3. In this section, "parent" includes a person standing in a parental relation.
4. A court shall dismiss a complaint or referral made by a school district under this section that is not made in compliance with this section. 

 90% ATTENDANCE RULE

Texas Education Code Statutes

Section 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT

Except as provided below, a student shall not be given credit for a class unless the student is in attendance 90 percent of the days the class is offered.  This restriction does not affect a student's right to excused absences to observe religious holy days [See FEB]

Principal’s Plan 

A student who is in attendance for at least 75 percent but less than 90 percent of the days a class is offered may be given credit if the student completes a plan approved by the school’s principal that provides for the student to meet the instructional requirements of the class. However, a student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit without the consent of the judge presiding over the student’s case.

 Extenuating Circumstances

An attendance committee (see below) may give class credit to a student because of extenuating circumstances. The Board shall establish guidelines for determining what constitutes extenuating circumstances.

The Board shall adopt policies that establish alternative ways for students to make up work or regain credit lost because of absences. The alternative ways must include at least one option that does not require a student to pay a fee. The availability of such option must be substantially the same as the availability of the educational program for which the District may charge a fee. [See FP]

 Attendance Committee

The Board shall appoint one or more attendance committees to hear petitions for class credit by students who have not met the 90 percent rule and have not earned class credit by completing a principal’s plan. Classroom teachers shall comprise a majority of the attendance committee.

 Appeal

 If the committee denies a student credit, the student may appeal the decision to the Board. The Board’s decision may be appealed to the district court of the county in which the District’s central administrative office is located.

Education Code 25.092