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:
FAILURE TO ATTEND SCHOOL (UNEXCUSED ABSENCES)
Under Section 65.003 (a) Texas Family Code, the parent is subject to prosecution and/or the student is subject to referral toTruancy 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.
- A student or parent or both are subject to prosecution (see §25.093 below).
- Parents will be informed that it is their duty to monitor the student’s school attendance and require the student to attend school.
- A conference between parent and school officials shall take place to discuss absences.
- The fact that a parent did not receive prior absence notices does not create a defense to the prosecution
- 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:
- The child has absences for the amount of time specified under Section 65.003 (a)
- A warning notice has been issued as stated in § 25.095 above.
- The parent with negligence fails to require the child to attend school as required by law.
- The parent will be referred to a truancy court in the applicable precinct.
- An offense under this subsection is considered a Class C misdemeanor.