Student Attendance: Compulsory Attendance Law 25.085

  • Compulsory Attendance Law 25.085

    The State of Texas requires all students from the ages of 6 to 19 to attend school. A child shall attend school each school day for the entire period the program is in session (TAC Section 25.085). Students under 6 years of age enrolled in a school shall attend school.

    House Bill 5
    MINIMUM ATTENDANCE FOR CLASS CREDIT OF FINAL GRADE (TEC Section 25.092), students whose absences exceed 10 percent of the class will face additional consequences.

    • A student in any grade level from kindergarten through grade 12 may not be given credit or a final grade for a class unless the student is in attendance for at least 90 percent of the days the class is offered.
    • 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 or a final grade for the class 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.

    House Bill 2398:


    Under Section 65.003 (a) Texas Family Code, the parent is subject to prosecution and/or the student is subject to referral to

    Truancy Court

    If a student is absent from school on 10 or more days or parts of days within a 6 month period.


    Under §25.095, the campus shall notify parents if a student is failing to attend school.

    1. A student or parent or both are subject to prosecution (see §25.093 below).
    2. Parents will be informed that it is their duty to monitor the student’s school attendance and require the student to attend school.
    3. A conference between parent and school officials shall take place to discuss absences.
    4. The fact that a parent did not receive prior absence notices does not create a defense to the prosecution
    5. In this section, “parent” includes a person standing in parental relation

    Under §25.093, a parent commits an offense and an attendance officer or another appropriate school official shall file a complaint against the parent if:

    1. The child has absences for the amount of time specified under Section 65.003 (a)
    2. A warning notice has been issued as stated in § 25.095 above.
    3. The parent with negligence fails to require the child to attend school as required by law.
    4. The parent will be referred to a truancy court in the applicable precinct.
    5. An offense under this subsection is considered a Class C misdemeanor.