Compulsory Attendance Laws – 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 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 pre-kindergarten or kindergarten, the child must attend school.
Verified Absences: TEC; 25.087 - A child required to attend school may be excused for a temporary absence and written documentation may be required. Exemptions to Compulsory Attendance are outlined the EMS ISD 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, 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: TEC; 25.095 - 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, Family Code.
Minimum Attendance for Credit: TEC; 25.092 - A student may not be given credit for a class unless the student is in attendance for at least 90% of the days that the class is offered. If a student is absent without permission from school, from any class or required tutorials, they are subject to disciplinary consequences which may include court action.
Parent Contributing to Nonattendance: TEC: 25.093 - If a parent fails to require the child to attend school, the campus administrator shall provide to the parent in writing that attendance is required. If, after receiving the written notification, the parent fails to require the child to attend school as required by law, and the child has an absence, the Attendance Clerk or Campus Administrator may submit a complaint against the parent to the Truant Conduct Prosecutor in a justice court of any precinct in the county in which the parent resides or in which the school is located. Charges are not filed against children under the age of 12, only their parents. An offense under this section is a Misdemeanor.
Duties of the Campus Administrator: TEC: 25.091 - To investigate each case of a violation of the compulsory school attendance requirements referred to the campus administrator. To enforce compulsory school attendance requirements by:
- Submitting petitions to a Truant Conduct Prosecutor in a truancy court if the student has unexcused absences for the amount of time specified under Texas Family Code; 65.003 or 51.03 (b).
- Submitting a complaint to a Truant Conduct Prosecutor for a parent who violates TEC; 25.093. To monitor school attendance compliance by each student investigated by the campus administrator. In some cases, a home visit may be conducted or contacting the parent of a student who is in violation of compulsory school attendance requirements.
All truancy cases are handled through Tarrant County Justice of the Peace Precinct 4.
The Eagle Mountain-Saginaw Independent School District wants every student in this district to be successful. You can help your student by encouraging them to attend school regularly. Best wishes for a successful school year!