Tex. Educ. Code Section 25.086
Exemptions


(a)

A child is exempt from the requirements of compulsory school attendance if the child:

(1)

attends a private or parochial school that includes in its course a study of good citizenship;

(2)

is eligible to participate in a school district’s special education program under Section 29.003 (Eligibility Criteria) and cannot be appropriately served by the resident district;

(3)

has a physical or mental condition of a temporary and remediable nature that makes the child’s attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child’s absence from school for the purpose of receiving and recuperating from that remedial treatment;

(4)

is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011 (Juvenile Justice Alternative Education Program);

(5)

is at least 17 years of age and:

(A)

is attending a course of instruction to prepare for the high school equivalency examination, and:
(i)
has the permission of the child’s parent or guardian to attend the course;
(ii)
is required by court order to attend the course;
(iii)
has established a residence separate and apart from the child’s parent, guardian, or other person having lawful control of the child; or
(iv)
is homeless; or

(B)

has received a high school diploma or high school equivalency certificate;

(6)

is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:

(A)

the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or

(B)

the child is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.);

(7)

is at least 16 years of age and is enrolled in a high school diploma program under Chapter 18 (Job Corps Diploma Programs);

(8)

is enrolled in the Texas Academy of Mathematics and Science under Subchapter G (Establishment; Scope), Chapter 105 (University of North Texas System);

(9)

is enrolled in the Texas Academy of Leadership in the Humanities;

(10)

is enrolled in the Texas Academy of Mathematics and Science at The University of Texas Rio Grande Valley;

(11)

is enrolled in the Texas Academy of International Studies; or

(12)

is specifically exempted under another law.

(b)

This section does not relieve a school district in which a child eligible to participate in the district’s special education program resides of its fiscal and administrative responsibilities under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs), or of its responsibility to provide a free appropriate public education to a child with a disability.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 1, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1282, Sec. 2, eff. June 18, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 377 (S.B. 1395), Sec. 3, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 887 (S.B. 1452), Sec. 2, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 1339 (S.B. 151), Sec. 6, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.003, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.04, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 188 (S.B. 1467), Sec. 1, eff. May 30, 2021.

Source: Section 25.086 — Exemptions, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­25.­htm#25.­086 (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

§ 25.086’s source at texas​.gov