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Compulsory Attendance Laws – Texas

Texas Education Code; 25.085 

A child who is required to attend school must attend school each school day for the entire period the program of instruction is provided.  A child who is at least six (6) years of age, or who is younger than six (6) years of age and has previously been enrolled in the first grade, and who has not reached their 19th birthday must attend school. Once a child is enrolled as a student in prekindergarten or kindergarten, the child must attend school.  

Excused Absences: Texas Education Code; 25.087 

A child is required to attend school and may be excused for a temporary absence by submitting required written documentation. Exemptions to Compulsory Attendance are outlined in the ²ÝÁñÉçÇø Student Handbook.  

Truant Conduct: Texas Family Code; 65.003 

A child engages in truant conduct, if the child is required to attend school under Section 25.085, of the Education Code, and fails to attend school on ten (10) or more days or parts of days within a six (6) month period in the same school year. Truant conduct may be prosecuted only as a civil case in a truancy court. 

Truancy Prevention: Texas Education Code; 25.0915

A school district must adopt truancy prevention measures designed to:  

(1)  address conduct related to truancy in the school setting before the student engages in conduct described in Section 65.003, Family Code; and 

(2)  minimize the need for referrals to truancy court for conduct described by Section 65.003(a), Family Code. 

Minimum Attendance for Credit or Final Grade: Texas Education Code; 25.092 

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% of the days that the class is offered. 

·  A student who is in attendance for at least 75% but less than 90% 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.

·  The Board of Trustees shall appoint one or more attendance committees to hear petitions for class credit or a final grade by a student or the parent of a student who are in attendance fewer than the number of days required, and have not earned class credit or a final grade. Classroom teachers shall comprise a majority of the membership of the committee.

Parent Contributing to Nonattendance: Texas Education Code; 25.093 

If, after a warning has been provided, the parent fails to require the child to attend school as required by law, and the child has absences, the parent has committed an offense. The Attendance Officer or other appropriate school official shall file a complaint against the parent in the constitutional county court in the county in which the parent resides or in which the school is located. An offense under this section is a misdemeanor. 

Powers and Duties of Peace Officers and other Attendance Officers Texas Education Code; 25.091 

An attendance officer employed by a school district or campus administrator has the following powers and duties with respect to enforcement of compulsory school attendance requirements: 

1.   To investigate each case of a violation of the compulsory school attendance requirements referred by an attendance officer or campus administrator. 

2.   To enforce compulsory school attendance requirements by:

      a.  applying truancy prevention measures; 

      b.  referring the student to a truancy court if the student has unexcused absences; and

      c.  filing a complaint in municipal court against the parent who violates TEC; 25.093.  

3.  To monitor school attendance compliance by each student investigated by the campus administrator or attendance officer. In some cases make a home visit or contact the parent of a student who is in violation of compulsory school attendance requirements, except that the campus administrator or attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence. 

The mission of Eagle Mountain-Saginaw ISD is to foster a culture of excellence that instills a passion for a lifetime of achievement in every student. Therefore, regular attendance is essential to your child’s achievement and success.