EDUCATION CODE
SUBTITLE E. STUDENTS AND PARENTS
CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE
SUBCHAPTER A. ADMISSION AND ENROLLMENT
SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE

§ 25.081. OPERATION OF SCHOOLS. (a) Except as authorized
under Subsection (b) of this section, Section 25.084, or Section
29.0821, for each school year each school district must operate so
that the district provides for at least 180 days of instruction for
students.
(b) The commissioner may approve the instruction of
students for fewer than the number of days required under
Subsection (a) if disaster, flood, extreme weather conditions, fuel
curtailment, or another calamity causes the closing of schools.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 824, § 2, eff. June 20,
2003.

§ 25.0811. FIRST DAY OF INSTRUCTION. (a) A school
district may not begin instruction for students for a school year
before the week in which August 21 falls. For purposes of this
subsection, Sunday is considered the first day of the week.
(b) If a school district intends to apply under Section
7.056 for a waiver of the prohibition prescribed by Subsection (a),
the district must:
(1) at least 60 days before the date the district
submits the application for the waiver, publish notice in a
newspaper having general circulation in the district:
(A) stating that the district intends to apply
for a waiver of the prohibition concerning the date of the first day
of instruction for students; and
(B) specifying the date on which the district
intends to begin instruction for students; and
(2) hold a public hearing concerning the date of the
first day of instruction for students.
(c) The application for a waiver of the prohibition
prescribed by Subsection (a) must include a summary of the opinions
expressed at the public hearing held under Subsection (b)(2),
including any consensus of opinion expressed concerning the date of
the first day of instruction for students.

Added by Acts 2001, 77th Leg., ch. 909, § 1, eff. Sept. 1, 2001.

§ 25.085. COMPULSORY SCHOOL ATTENDANCE. (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.
(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.
(c) On enrollment in prekindergarten or kindergarten, a
child shall attend school.
(d) Unless specifically exempted by Section 25.086, a
student enrolled in a school district must attend:
(1) an extended-year program for which the student is
eligible that is provided by the district for students identified
as likely not to be promoted to the next grade level or tutorial
classes required by the district under Section 29.084;
(2) an accelerated reading instruction program to
which the student is assigned under Section 28.006(g);
(3) an accelerated instruction program to which the
student is assigned under Section 28.0211;
(4) a basic skills program to which the student is
assigned under Section 29.086; or
(5) a summer program provided under Section 37.008(l)
or Section 37.021.
(e) A person who voluntarily enrolls in school or
voluntarily attends school after the person's 18th birthday shall
attend school each school day for the entire period the program of
instruction is offered. A school district may revoke for the
remainder of the school year the enrollment of a person who has more
than five absences in a semester that are not excused under Section
25.087. A person whose enrollment is revoked under this subsection
may be considered an unauthorized person on school district grounds
for purposes of Section 37.107.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1019, § 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 396, § 2.10, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 711, § 1, eff. June 18, 1999; Acts
2003, 78th Leg., ch. 1055, § 3, eff. June 20, 2003.

§ 25.086. EXEMPTIONS. (a) A child is exempt from the
requirements of compulsory school attendance if the child:
(1) attends a private or parochial school that
includes in its course a study of good citizenship;
(2) is eligible to participate in a school district's
special education program under Section 29.003 and cannot be
appropriately served by the resident district;
(3) has a physical or mental condition of a temporary
and remediable nature that makes the child's attendance infeasible
and holds a certificate from a qualified physician specifying the
temporary condition, indicating the treatment prescribed to remedy
the temporary condition, and covering the anticipated period of the
child's absence from school for the purpose of receiving and
recuperating from that remedial treatment;
(4) is expelled in accordance with the requirements of
law in a school district that does not participate in a mandatory
juvenile justice alternative education program under Section
37.011;
(5) is at least 17 years of age and:
(A) is attending a course of instruction to
prepare for the high school equivalency examination, and:
(i) has the permission of the child's parent
or guardian to attend the course;
(ii) is required by court order to attend
the course;
(iii) has established a residence separate
and apart from the child's parent, guardian, or other person having
lawful control of the child; or
(iv) is homeless as defined by 42 U.S.C.
Section 11302; or
(B) has received a high school diploma or high
school equivalency certificate;
(6) is at least 16 years of age and is attending a
course of instruction to prepare for the high school equivalency
examination, if:
(A) the child is recommended to take the course
of instruction by a public agency that has supervision or custody of
the child under a court order; or

Text of subsec. (6)(B) as amended by Acts 2005, 79th Leg., ch. 377,
§ 3

(B) the child is enrolled in a Job Corps training
program under the Workforce Investment Act of 1998 (29 U.S.C.
Section 2801 et seq.);

Text of subsec. (6)(B) as amended by Acts 2005, 79th Leg., ch. 887,
§ 2 and Acts 2005, 79th Leg., ch. 1339, § 6

(B) the child is enrolled in a Job Corps training
program under 29 U.S.C. Section 2881 et seq.;
(7) is at least 16 years of age and is enrolled in a
high school diploma program under Chapter 18;
(8) is enrolled in the Texas Academy of Mathematics
and Science under Subchapter G, Chapter 105;
(9) is enrolled in the Texas Academy of Leadership in
the Humanities;
(10) is enrolled in the Texas Academy of Mathematics
and Science at The University of Texas at Brownsville;
(11) is enrolled in the Texas Academy of International
Studies; or
(12) is specifically exempted under another law.
(b) This section does not relieve a school district in which
a child eligible to participate in the district's special education
program resides of its fiscal and administrative responsibilities
under Subchapter A, Chapter 29, or of its responsibility to provide
a free appropriate public education to a child with a disability.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 1, eff. June 19,
1997; Acts 1997, 75th Leg., ch. 1019, § 3, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1282, § 2, eff. June 18, 1999; Acts
2005, 79th Leg., ch. 377, § 3, eff. June 17, 2005; Acts 2005,
79th Leg., ch. 887, § 2, eff. June 17, 2005; Acts 2005, 79th
Leg., ch. 1339, § 6, eff. June 18, 2005.

§ 25.087. EXCUSED ABSENCES. (a) A person required to
attend school, including a person required to attend school under
Section 25.085(e), may be excused for temporary absence resulting
from any cause acceptable to the teacher, principal, or
superintendent of the school in which the person is enrolled.
(b) A school district shall excuse a student from attending
school for the purpose of observing religious holy days, including
traveling for that purpose. A school district shall excuse a
student for temporary absence resulting from health care
professionals if that student commences classes or returns to
school on the same day of the appointment. A student whose absence
is excused under this subsection may not be penalized for that
absence and shall be counted as if the student attended school for
purposes of calculating the average daily attendance of students in
the school district. A student whose absence is excused under this
subsection shall be allowed a reasonable time to make up school work
missed on those days. If the student satisfactorily completes the
school work, the day of absence shall be counted as a day of
compulsory attendance.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 651, § 1, eff. June 18,
1999; Acts 1999, 76th Leg., ch. 711, § 2, eff. June 18, 1999.

§ 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT. (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.
(b) The board of trustees of each school district shall
appoint one or more attendance committees to hear petitions for
class credit by students who are in attendance fewer than the number
of days required under Subsection (a). Classroom teachers shall
comprise a majority of the membership of the committee. A committee
may give class credit to a student because of extenuating
circumstances. Each board of trustees shall establish guidelines
to determine what constitutes extenuating circumstances and shall
adopt policies establishing 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 authorized under Section 11.158(a)(15). A
certified public school employee may not be assigned additional
instructional duties as a result of this section outside of the
regular workday unless the employee is compensated for the duties
at a reasonable rate of pay.
(c) A member of an attendance committee is not personally
liable for any act or omission arising out of duties as a member of
an attendance committee.
(d) If a student is denied credit for a class by an
attendance committee, the student may appeal the decision to the
board of trustees. The decision of the board may be appealed by
trial de novo to the district court of the county in which the
school district's central administrative office is located.
(e) This section does not affect the provision of Section
25.087(b) regarding a student's excused absence from school to
observe religious holy days.
(f) The availability of the option developed under
Subsection (b) must be substantially the same as the availability
of the educational program developed under Section 11.158(a)(15).

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 698, § 2, eff. June 18,
1999.

§ 25.093. PARENT CONTRIBUTING TO NONATTENDANCE. (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.
(b) The attendance officer or other appropriate school
official shall file a complaint against the parent in:
(1) the constitutional county court of the county in
which the parent resides or in which the school is located, if the
county has a population of two million or more;
(2) a justice court of any precinct in the county in
which the parent resides or in which the school is located; or
(3) a municipal court of the municipality in which the
parent resides or in which the school is located.
(c) An offense under Subsection (a) is a Class C
misdemeanor. Each day the child remains out of school may
constitute a separate offense. Two or more offenses under
Subsection (a) may be consolidated and prosecuted in a single
action. If the court orders deferred disposition under Article
45.051, Code of Criminal Procedure, the court may require the
defendant to provide personal services to a charitable or
educational institution as a condition of the deferral.
(d) A fine collected under this section shall be deposited
as follows:
(1) one-half shall be deposited to the credit of the
operating fund of, as applicable:
(A) the school district in which the child
attends school;
(B) the open-enrollment charter school the child
attends; or
(C) the juvenile justice alternative education
program that the child has been ordered to attend; and
(2) one-half shall be deposited to the credit of:
(A) the general fund of the county, if the
complaint is filed in the justice court or the constitutional
county court; or
(B) the general fund of the municipality, if the
complaint is filed in municipal court.
(e) At the trial of any person charged with violating this
section, the attendance records of the child may be presented in
court by any authorized employee of the school district or
open-enrollment charter school, as applicable.
(f) The court in which a conviction, deferred adjudication,
or deferred disposition for an offense under Subsection (a) occurs
may order the defendant to attend a program for parents of students
with unexcused absences that provides instruction designed to
assist those parents in identifying problems that contribute to the
students' unexcused absences and in developing strategies for
resolving those problems if a program is available.
(g) If a parent refuses to obey a court order entered under
this section, the court may punish the parent for contempt of court
under Section 21.002, Government Code.
(h) It is an affirmative defense to prosecution for an
offense under Subsection (a) that one or more of the absences
required to be proven under Subsection (a) was excused by a school
official or should be excused by the court. The burden is on the
defendant to show by a preponderance of the evidence that the
absence has been or should be excused. A decision by the court to
excuse an absence for purposes of this section does not affect the
ability of the school district to determine whether to excuse the
absence for another purpose.
(i) In this section, "parent" includes a person standing in
parental relation.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 865, § 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1403, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1504, § 24, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1514, § 3, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 137, § 4, 5, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 283, § 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 1276, § 6.001, eff. Sept. 1, 2003.

§ 25.094. FAILURE TO ATTEND SCHOOL. (a) 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 or more days or parts of days within a four-week period.
(b) An offense under this section may be prosecuted in:
(1) the constitutional county court of the county in
which the individual resides or in which the school is located, if
the county has a population of two million or more;
(2) a justice court of any precinct in the county in
which the individual resides or in which the school is located; or
(3) a municipal court in the municipality in which the
individual resides or in which the school is located.
(c) On a finding by the county, justice, or municipal court
that the individual has committed an offense under Subsection (a)
or on a finding by a juvenile court in a county with a population of
less than 100,000 that the individual has engaged in conduct that
violates Subsection (a), the court may enter an order that includes
one or more of the requirements listed in Article 45.054, Code of
Criminal Procedure, as added by Chapter 1514, Acts of the 77th
Legislature, Regular Session, 2001.
(d) If the county, justice, or municipal court believes that
a child has violated an order issued under Subsection (c), the court
may proceed as authorized by Article 45.050, Code of Criminal
Procedure.
(d-1) Pursuant to an order of the county, justice, or
municipal court based on an affidavit showing probable cause to
believe that an individual has committed an offense under this
section, a peace officer may take the individual into custody. A
peace officer taking an individual into custody under this
subsection shall:
(1) promptly notify the individual's parent, guardian,
or custodian of the officer's action and the reason for that action;
and
(2) without unnecessary delay:
(A) release the individual to the individual's
parent, guardian, or custodian or to another responsible adult, if
the person promises to bring the individual to the county, justice,
or municipal court as requested by the court; or
(B) bring the individual to a county, justice, or
municipal court with venue over the offense.
(e) An offense under this section is a Class C misdemeanor.
(f) It is an affirmative defense to prosecution under this
section that one or more of the absences required to be proven under
Subsection (a) were excused by a school official or by the court or
that one or more of the absences were involuntary, but only if there
is an insufficient number of unexcused or voluntary absences
remaining to constitute an offense under this section. The burden
is on the defendant to show by a preponderance of the evidence that
the absence has been excused or that the absence was involuntary. A
decision by the court to excuse an absence for purposes of this
section does not affect the ability of the school district to
determine whether to excuse the absence for another purpose.
(g) It is an affirmative defense to prosecution under this
section that one or more of the absences required to be proven under
Subsection (a) was involuntary. The burden is on the defendant to
show by a preponderance of the evidence that the absence was
involuntary.
(h) Deleted by Acts 2001, 77th Leg., ch. 1514, § 4.
(i) Deleted by Acts 2001, 77th Leg., ch. 1514, § 4.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 865, § 3, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1297, § 55, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1514, § 4, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 137, § 6 to 8, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 283, § 39, eff. Sept. 1, 2003; Acts 2005,
79th Leg., ch. 949, § 36, eff. Sept. 1, 2005.

§ 25.095. WARNING NOTICES. (a) 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 or to referral to a juvenile court in a county with a
population of less than 100,000 for conduct that violates that
section.
(b) 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:
(A) it is the parent's duty to monitor the
student's school attendance and require the student to attend
school; and
(B) 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.
(c) 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.
(d) In this section, "parent" includes a person standing in
parental relation.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 25, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1514, § 5, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1276, § 6.002, eff. Sept. 1, 2003.

§ 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
FAILURE TO ATTEND SCHOOL. (a) 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 seven school days of the student's last absence:
(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
(b) 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 offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
(c) In this section, "parent" includes a person standing in
parental relation.
(d) 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.

Added by Acts 2001, 77th Leg., ch. 1514, § 6, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 137, § 9, eff. Sept. 1,
2003; Acts 2005, 79th Leg., ch. 949, § 37, eff. Sept. 1, 2005.

§ 25.0952. PROCEDURES APPLICABLE TO SCHOOL
ATTENDANCE-RELATED OFFENSES. In a proceeding based on a complaint
under Section 25.093 or 25.094, the court shall, except as
otherwise provided by this chapter, use the procedures and exercise
the powers authorized by Chapter 45, Code of Criminal Procedure.

Added by Acts 2001, 77th Leg., ch. 1514, § 6, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 137, § 10, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 283, § 40, eff. Sept. 1, 2003.