Students who are at least six years of age, or who have been previously enrolled in first grade, and who have not yet reached their eighteenth birthday shall attend school each day for the entire period the program is offered, unless exempted as indicated below. Students enrolled in prekindergarten or kindergarten shall attend school.
Education Code 25.085
Students who meet one or more of the following conditions shall be exempt from compulsory attendance requirements:
The student has a temporary and remediable physical or mental condition that renders attendance infeasible and the student has a certificate from a qualified physician that specifies the condition, indicates the prescribed treatment, and covers the anticipated time of absence needed for receiving and recuperating from remedial treatment.
The student has been expelled from the School.
The student is specifically exempted under another law. Education Code 25.086
A person required to attend school may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or Superintendent of TSBVI.
Education Code 25.087
Students may be excused for special education assessment procedures and for special education-related services. 19 TAC 129.21(l)
A student who has been referred to a juvenile court for delinquent conduct or conduct indicating a need for supervision shall receive an excused absence for any missed class when:
19 TAC 129.22(a)
A student who has been referred to the Texas Department of Human Services or a county or local welfare unit on the basis that he or she has been abused or is neglected shall be excused when:
19 TAC 129.22(b)
The School shall excuse a student from attending school for the purpose of observing religious holy days, including traveling for that purpose. Excused days for travel shall be limited to not more than one day for travel to and one day for travel from the site where the student will observe the religious holy days.
The School shall excuse a student for temporary absence resulting from an appointment with a health-care professional if that student commences classes or returns to school on the same day of the appointment.
Education Code 25.087; 19 TAC 129.21(k) [See FEB]
A student who is excused for the observance of a religious holy day or for a temporary medical absence shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the work, the days of absence shall be counted as days of compulsory attendance. The student shall not be penalized for the absence. Education Code 25.087
In the case of a student who has missed class due to court proceedings or human services activities, it is the responsibility of the liaison for court-related children to assist students and teachers to ensure that students are provided the opportunity to complete all missed assignments. 19 TAC 129.22(c)
TSBVI shall notify a student's parent in writing at the beginning of the school year that, if the student is absent from school on ten or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period, the student's parent is subject to prosecution under Education Code 25.093, and the student is subject to prosecution under Education Code 25.094 or to referral to a juvenile court in a county with a population less than 100,000.
TSBVI shall notify a student's parent and the student's local school district if the student has been absent from school, without excuse under Education Code 25.097, on three days or parts of days within a four-week period. The notice must:
The fact that a parent did not receive the notices described above is not a defense to prosecution for the parent's failure to require a child to attend school nor for the student's failure to attend school.
Education Code 25.095
If any parent of or person standing in parental relation to a child who is required to attend school fails to require the child to attend school, the Principal of the School shall inform the student's local district of that truancy. (Education Code requires that the student's local district respond as follows: The local district's attendance officer shall warn the parent in writing that attendance is immediately required. [See FDE] If, after this warning, a parent or person standing in parental relation with criminal negligence fails to comply and if the child has unexcused voluntary absences for the amount of time specified under Family Code 51.03(b)(2), the attendance officer [see FDE] shall file a complaint against him or her in an appropriate court, as permitted under Education Code 25.093. In addition, if the child has been referred to the juvenile court for engaging in conduct in need of supervision, the attendance officer shall also file a complaint against the parent in that court. If no referral has been made, the attendance officer shall refer the child to the county juvenile probation department for action as engaging in conduct indicating a need for supervision.
Education Code 25.093
It is an affirmative defense to prosecution that one or more of the absences required to be proven was excused by a school official or should be excused by the court. A decision by the court to excuse an absence for this purpose does not affect the ability of the School to determine whether to excuse the absence for another purpose.
Education Code 25.093
A student who is required to attend school under the compulsory attendance laws and fails to attend school on ten or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period may be prosecuted for nonattendance in:
Education Code 25.094(a)(b)
Conduct indicating a need for supervision includes the absence of a child on ten or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school.
Family Code 51.03(b)(2)
It is an affirmative defense to prosecution for truancy or to an allegation of conduct in need of supervision that one or more of the absences required to be proven was excused by a school official or should be excused by the court or that one or more of the absences was involuntary. A decision by the court to excuse an absence for this purpose does not affect the ability of the School to determine whether to excuse the absence for another purpose.
Education Code 25.094(f)(g); Family Code 51.03(d)
If a student fails to attend school without excuse on 10 or more days or parts of days within a 6-month period in the same school year, the School shall:
A court shall dismiss a complaint or referral if the School does not comply with these requirements.
The School may take the actions listed above if a student fails to attend school without excuse on three or more days or parts of days within a 4-week period, but does not fail to attend school for the time specified above.
Education Code 25.0951
Adopted: 11/13/81
Amended: 11/11/83, 10/25/85, 1/26/90, 5/28/92, 3/22/96, 1/24/02, 4/1/05, 1/26/07
Reviewed: 1/31/03