Tex. Educ. Code Section 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 (Accelerated Instruction; Modified Teacher Assignment);

(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.

Source: Section 25.085 — Compulsory School Attendance, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­25.­htm#25.­085 (accessed Apr. 20, 2024).

25.001
Admission
25.002
Requirements for Enrollment
25.003
Tuition for Certain Children from Other States
25.004
Tuition for Certain Military Dependents Prohibited
25.005
Reciprocity Agreements Regarding Military Personnel and Dependents
25.006
Transition Assistance for Military Dependents
25.007
Transition Assistance for Students Who Are Homeless or in Substitute Care
25.008
Enrollment in Summer School Course by Person Not Enrolled in District
25.0011
Certain Incarcerated Children
25.0021
Use of Legal Surname
25.0022
Food Allergy Information Requested Upon Enrollment
25.0031
Tuition for Students Holding Certain Student Visas
25.031
Assignments and Transfers in Discretion of Governing Board
25.032
Basis for Assignment or Transfer
25.033
Assignment or Transfer on Petition of Parent
25.034
Hearing
25.035
Transfers Between Districts or Counties
25.036
Transfer of Student
25.037
Transfer of State Funds
25.038
Tuition Fee for Transfer Students
25.039
Contracts and Tuition for Education Outside District
25.040
Transfer to District of Bordering State
25.041
Transfer of Children or Wards of Employees of State Supported Living Centers
25.042
Transfer of Children of Employees of Texas Juvenile Justice Department Facilities
25.043
Classroom Placement of Multiple Birth Siblings
25.045
Transfer to District Offering In-person Instruction
25.081
Operation of Schools
25.082
Pledges of Allegiance
25.083
School Day Interruptions
25.084
Year-round System
25.085
Compulsory School Attendance
25.086
Exemptions
25.087
Excused Absences
25.088
School Attendance Officer
25.089
Compensation of Attendance Officer
25.090
Attendance Officer Not Selected
25.091
Powers and Duties of Peace Officers and Other Attendance Officers
25.092
Minimum Attendance for Class Credit or Final Grade
25.093
Parent Contributing to Nonattendance
25.094
Agreement for Dismissal of Parent Contributing to Nonattendance Charge
25.095
Warning Notices
25.112
Class Size
25.113
Notice of Class Size
25.151
Student Expression
25.152
Limited Public Forum
25.153
Religious Expression in Class Assignments
25.154
Freedom to Organize Religious Groups and Activities
25.155
Adoption of Policy
25.156
Model Policy Governing Voluntary Religious Expression in Public Schools
25.0341
Transfer of Students Involved in Sexual Assault
25.0342
Transfer of Students Who Are Victims of or Have Engaged in Bullying
25.0343
Transfer of Students Residing in Household of Student Receiving Special Education Services
25.0344
Transfer of Students Who Are Children of Peace Officers
25.0811
First Day of Instruction
25.0812
Last Day of School
25.0815
Operation and Instructional Time Waivers for School Safety Training
25.0822
Patriotic Society Access to Students
25.901
Exercise of Constitutional Right to Pray
25.902
Prohibition on Certain Discrimination in Student Dress or Grooming Policy
25.904
Use of Calculator Application in Place of Graphing Calculator
25.0915
Truancy Prevention Measures
25.0951
School District Complaint or Referral for Failure to Attend School
25.0952
Procedures Applicable to Parent Contributing to Nonattendance Offense

Accessed:
Apr. 20, 2024

§ 25.085’s source at texas​.gov