• Texas requires a child who is at least 6 years of age and who has not yet reached their 19th birthday to attend school, unless exempt by Sec. 25.086 of the Education Code. On enrollment in prekindergarten or kindergarten, a child shall attend school. A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th birthday shall attend school each school day for the entire period the program of instruction is offered and is subject to the same requirements for compulsory attendance for students under 19. Education Code 25.085, 25.086

    A parent/guardian is subject to prosecution for Parent Contributing to Non-Attendance under Sec. 25.093 if, with criminal negligence fails to require the child to attend school as required by law and after having been warned in writing, a child has unexcused voluntary absences on 10 or more days or parts of days within a 6 month period from school. An offense under Subsection (a) is a misdemeanor, punishable by fine only, in an amount not to exceed:
    (1)  $100 for a first offense;
    (2)  $200 for a second offense;
    (3)  $300 for a third offense;
    (4)  $400 for a fourth offense; or
    (5)  $500 for a fifth or subsequent offense. Education Code 25.093/Family Code 65.003(a)

    “Truant conduct” violation by a student may be referred to truancy court under Education Code 25.0951, Family Code 65.003(a), and on a finding that the child has engaged in truant conduct, a justice or municipal court may order: 1) the child to attend GED preparatory classes; 2) the child to attend a special program that the court determines to be in the best interest of the child, including an alcohol/drug abuse program; 3) rehabilitation; 4) counseling, including self-improvement counseling; 5) training in self-esteem and leadership; 6) work and job skills training; 7) training in parenting, including parental responsibility; 8) training in manners; 9) training in violence avoidance; 10) sensitivity training; 11) the child and the child’s parent/guardian attend a class for students at risk of dropping out of school; 12) a program that provides training in advocacy and mentoring; 13) complete not more than 50 hours of community service on a project acceptable to the court, and 14) participate for a specified number of hours in a tutorial program covering the academic subjects in which the child is enrolled that are provided by the school the child attends. Family Code 65.003(a)/ Education Code 25.085

    Unless specifically exempt, an enrolled student who is eligible must attend an extended-year program or required tutorial classes that are provided by the district for students identified as likely not to be promoted to the next grade level. Tutorials, Saturday School, Student Action Management, and any other after-hours school are considered to be extended year programs. Education Code 25.085, 25.086, 29.084
    Except as provided by Texas Education Code 25.092, 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. Education Code 25.092, AISD Policy FEC (LOCAL)
    A parent/guardian of a school-age child has the responsibility to require their child to attend school regularly. When sickness or higher obligation necessitates an absence, a note signed by a parent/guardian explaining the reason for the absence is required within 3 school days of when the student returns to school. If the student fails to submit a note, the absence will be considered unexcused. AISD Student Handbook
    A child not exempt from compulsory attendance laws may be excused for a temporary absence resulting from any unusual cause acceptable to the superintendent, the principal, or the teacher of the school in which the student is enrolled. The temporary absence may be the result of, but not limited to: 1) personal sickness, 2) family emergency, 3) religious holy day, 4) documented juvenile court proceeding, 5) board-approved extracurricular activity, or 6) approved college visitation. AISD Policy FEC (LOCAL)
    When a student’s absence for personal illness exceeds five (5) consecutive days, the student shall present a statement from a physician or health clinic verifying the illness or other condition requiring the student’s extended absence from school. The attendance committee may, if the student has established a questionable pattern of absences, require a physician’s or clinic’s statement of illness after a single day’s absence as a condition of classifying the absence as one for which there are extenuating circumstances. AISD Policy FEC (LOCAL) Personal Illness 

    Helpful Links:

    Video Message from Retired Judge John Payton:  Truancy Court for Truant Conduct for Students in Collin County 2015 
    Video Message from Retired Judge John Payton:  Truancy Court for Parent Contributing to Non-Attendance 2015


Last Modified on June 28, 2021