Texas Education Code
Sec. § 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 (Exemptions), 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 19th birthday shall attend school.

(c)

On enrollment in prekindergarten or kindergarten, a child shall attend school.

(d)

Unless specifically exempted by Section 25.086 (Exemptions), 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 (Tutorial Services);

(2)

an accelerated reading instruction program to which the student is assigned under Section 28.006 (Reading Diagnosis)(g);

(3)

an accelerated instruction program to which the student is assigned under Section 28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction);

(4)

a basic skills program to which the student is assigned under Section 29.086 (Basic Skills Programs for High School Students); or

(5)

a summer program provided under Section 37.008 (Disciplinary Alternative Education Programs)(l) or Section 37.021 (Opportunity to Complete Courses During In-school and Certain Other Placements).

(e)

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. 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 (Excused Absences), except a school district may not revoke the enrollment of a person under this subsection on a day on which the person is physically present at school. 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 (Trespass on School Grounds).

(f)

The board of trustees of a school district may adopt a policy requiring a person described by Subsection (e) who is under 21 years of age to attend school until the end of the school year. Section 65.003 (Truant Conduct)(a), Family Code, does not apply to a person subject to a policy adopted under this subsection. Sections 25.093 (Parent Contributing to Nonattendance) and 25.095 (Warning Notices) do not apply to the parent of a person subject to a policy adopted under this subsection.

(g)

After the third unexcused absence of a person described by Subsection (e), a school district shall issue a warning letter to the person that states the person’s enrollment may be revoked for the remainder of the school year if the person has more than five unexcused absences in a semester.

(h)

As an alternative to revoking a person’s enrollment under Subsection (e), a school district may impose a behavior improvement plan described by Section 25.0915 (Truancy Prevention Measures)(a-1)(1).

(i)

Notwithstanding any other provision of this section, a student enrolled in a school district is not required to attend school for any additional instructional days described by Section 48.0051 (Incentive for Additional Instructional Days).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.10, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 50 (H.B. 566), Sec. 1, eff. May 10, 2007.
Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 2, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 7, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.011, eff. September 1, 2020.
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Oct. 14, 2020