Tex. Educ. Code Section 25.092
Minimum Attendance for Class Credit or Final Grade


(a)

Except as provided by this section, a student in any grade level from kindergarten through grade 12 may not be given credit or a final grade for a class unless the student is in attendance for at least 90 percent of the days the class is offered.

(a-1)

A student who is in attendance for at least 75 percent but less than 90 percent of the days a class is offered may be given credit or a final grade for the class if the student completes a plan approved by the school’s principal that provides for the student to meet the instructional requirements of the class. A student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit or a final grade under this subsection without the consent of the judge presiding over the student’s case.

(a-2)

Subsection (a) does not apply to a student who receives credit by examination for a class as provided by Section 28.023 (Credit by Examination).

(a-3)

A student’s excused absence under Section 25.087 (Excused Absences)(b)(3) may not be considered in determining whether the student has satisfied the attendance requirement under Subsection (a) or (a-1).

(b)

The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit or a final grade by students who are in attendance fewer than the number of days required under Subsection (a) and have not earned class credit or a final grade under Subsection (a-1). Classroom teachers shall comprise a majority of the membership of the committee. A committee may give class credit or a final grade to a student because of extenuating circumstances. Each board of trustees shall establish guidelines to determine what constitutes extenuating circumstances and shall adopt policies establishing alternative ways for students to make up work or regain credit or a final grade lost because of absences. The alternative ways must include at least one option that does not require a student to pay a fee authorized under Section 11.158 (Authority to Charge Fees)(a)(15). A certified public school employee may not be assigned additional instructional duties as a result of this section outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.

(c)

A member of an attendance committee is not personally liable for any act or omission arising out of duties as a member of an attendance committee.

(d)

If a student is denied credit or a final grade for a class by an attendance committee, the student may appeal the decision to the board of trustees. The decision of the board may be appealed by trial de novo to the district court of the county in which the school district’s central administrative office is located.

(e)

This section does not affect the provision of Section 25.087 (Excused Absences)(b) regarding a student’s excused absence from school to observe religious holy days.

(f)

The availability of the option developed under Subsection (b) must be substantially the same as the availability of the educational program developed under Section 11.158 (Authority to Charge Fees)(a)(15).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 698, Sec. 2, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 3, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 6(a), eff. June 10, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 7(a), eff. June 10, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1029 (H.B. 2694), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1203 (S.B. 1365), Sec. 1, eff. June 14, 2013.
Acts 2021, 87th Leg., R.S., Ch. 314 (H.B. 699), Sec. 4, eff. June 7, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 5 (S.B. 15), Sec. 2, eff. September 9, 2021.

Source: Section 25.092 — Minimum Attendance for Class Credit or Final Grade, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­25.­htm#25.­092 (accessed Feb. 22, 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:
Feb. 22, 2024

§ 25.092’s source at texas​.gov