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Required Postings and Public Notices » Student Attendance Notice

Student Attendance Notice

 

Current State Law on Student Attendance

 

The law in the State of Texas requires a child to go school.  Texas Education Code 25.085 Compulsory Attendance states:

 

(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 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;

 

(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.

 

 As a parent, legal guardian, or person standing in a parental relation to the child, you are responsible for ensuring your child attends school regularly.  If you intentionally, knowingly, recklessly, or with criminal negligence fail to require the child to attend school as required by law, you commit the offense of PARENT CONTRIBUTING TO NONATTENDANCE and legal charges can be brought against you.  The Texas Education Code Sec. 25.093 provides that conviction of this offense is a Class C Misdemeanor punishable by fines up to $500.00 for each offense.  Each day the child remains out of school after a warning has been give n or the child is ordered to school by the Court may constitute a separate offense.

 

A child’s failure to attend school as mandated by the law may constitute the offense of FAILURE TO ATTEND SCHOOL which is defined by Texas Education Code Sec. 25.094 and Texas Family Code 51.03(b)(2).

 

(a). A school district shall notify a student’s parent in writing at the beginning of the school year that if a 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.

(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:
    • It is the parent’s duty to monitor the student’s school attendance and require the student to attend school; and
    • The parent is subject to prosecution under 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 notice under subsection (a) or (b) does not create a defense to prosecution.

 

(d). In this section, “parent” includes a person standing in parental relation.

 

For additional information, please contact Amanda Adams, Assistant Superintendent, at (254) 981-2000.