Texas

 

Texas Dept of Education Homeschooling

Home School Information Letter
Commissioner's Home School Policy Letter (April 20, 2004)
Texas Education Code - Operation of Schools and School Attendance

 

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, 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 18th birthday shall attend school.

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

    1. Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend:

      2. (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;

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

      (3) an accelerated instruction program to which the student is assigned under Section 28.0211; or

      (4) a basic skills program to which the student is assigned under Section 29.086.

      (5) a summer program provided under Section 37.008(l) or Section 37.021.

    2. A person who voluntarily enrolls in school or voluntarily attends school after the person’s 18th 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. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purpose of Section 37.107.

 

 

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 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 37.001;

    1. is at least 17 years of age and:
    1. is attending a course of instruction to prepare for the high school equivalency examination, and:
    1. has the permission of the child’s parent or guardian to attend the course;
    1. is required by court order to attend the course;
    2. has established a residence separate and apart from the child’s parent, guardian, or other person having lawful control of the child; or
    3. is homeless as defined by 42 U.S.C. section 11302; or

(B) has received a high school diploma or high school equivalency certificate;

    1. is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:
    1. 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

      2. Text of subsec. (6)(B) as amended by Acts 2005, 79th Leg., ch. 377, § 3
    2. 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.);

Text of subsec. (6)(B) as amended by Acts 2005, 79th Leg., ch. 887, § 2 and Acts 2005, 79th Leg., ch. 1339, § 6

(B) the child is enrolled in a Job Corps training program under 29 U.S.C. Section 2881 et seq.;

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

(8) is enrolled in the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105;

(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 at

Brownsville;

(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, Chapter 29, or of its responsibility to provide a free appropriate public education to a child with a disability.

 

Section 25.091. POWERS AND DUTIES OF PEACE OFFICERS and OTHER ATTENDANCE OFFICERS.

(a) A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:

(1) to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;

(2) to enforce compulsory school attendance requirements by:

(A) referring a student to a juvenile court or filing a complaint against a student in a justice or municipal court if the student has unexcused absences for the amount of time specified under Section25.094 or under Section 51.03 (b)(2), Family Cod; and

(B) filing a complaint in a justice or municipal court against parent who violates section 25.093;

(3) to serve court-ordered legal process;

(4) to review school attendance records for compliance by each student investigated by the office;

(5) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;

(6) to make a home visit or otherwise contact the parent of student who is violation of compulsory school attendance requirement, except that a peace officer may not enter a residence without the permission of the parent of a student required under this permission of the parent of a student required under this subchapter to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent; and

(7) to take a student into custody with the permission of the student’s parent or in obedience to a court-ordered legal process.

(b) An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements:

(1) to investigate each case of a violation of the compulsory school attendance officer;

(2) to enforce compulsory school attendance requirement by:

(A) referring a student to a juvenile court or filing a complaint against a student in a justice or municipal court if the student has unexcused absences of the amount of time specified under Section 25.094 or under Section 51.03(b)(2), Family Code; and

(B) filing a complaint in a justice or municipal court against a parent who violates Section 25.093;

(3) to monitor school attendance compliance by each student investigated by the officer;

(4) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;

(5) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirement, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant, of the residence;

(6) at the request of a parent, to escort a student form any location to a school campus to ensure the student’s compliance with compulsory school attendance requirements; and

(7) if the attendance officer has or is informed of a court-ordered legal process directing that a student be taken into custody and the school district employing the officer does not employ its own police department, to contact the sheriff, constable, or any peace officer to request the student be taken into custody and processed according to the legal process.

(c) In this section:

(1) "Parent" includes a person standing in parental relation.

 

(2) "Peace officer" has the meaning assigned by Article2.12, criminal Procedure Code.