Tex. Educ. Code Section 25.0951
School District Complaint or Referral for Failure to Attend School


(a)

If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student’s 10th absence refer the student to a truancy court for truant conduct under Section 65.003 (Truant Conduct)(a), Family Code.

(b)

If a student fails to attend school without excuse as specified by Subsection (a), a school district may file a complaint against the student’s parent in a county, justice, or municipal court for an offense under Section 25.093 (Parent Contributing to Nonattendance) if the school district provides evidence of the parent’s criminal negligence. In this subsection, “parent” includes a person standing in parental relation.

(c)

A court shall dismiss a complaint made by a school district under Subsection (b) that:

(1)

does not comply with this section;

(2)

does not allege the elements required for the offense;

(3)

is not timely filed, unless the school district delayed the referral under Subsection (d); or

(4)

is otherwise substantively defective.

(d)

Notwithstanding Subsection (a), a school district may delay a referral of a student for truant conduct, or may choose to not refer a student for truant conduct, if the school district:

(1)

is applying truancy prevention measures to the student under Section 25.0915 (Truancy Prevention Measures); and

(2)

determines that the truancy prevention measures are succeeding and it is in the best interest of the student that a referral be delayed or not be made.
Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 37, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 31, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 984 (S.B. 1161), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.003, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 13, eff. September 1, 2015.

Source: Section 25.0951 — School District Complaint or Referral for Failure to Attend School, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­25.­htm#25.­0951 (accessed Mar. 23, 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:
Mar. 23, 2024

§ 25.0951’s source at texas​.gov