EDUCATION CODE
SUBTITLE E. STUDENTS AND PARENTS
CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE
SUBCHAPTER A. ADMISSION AND ENROLLMENT
§ 25.001. ADMISSION. (a) A person who is at least five
years of age and under 21 years of age on the first day of September
of any school year is entitled to the benefits of the available
school fund for that year. Any other person enrolled in a
prekindergarten class under Section 29.153 is entitled to the
benefits of the available school fund.
(b) The board of trustees of a school district or its
designee shall admit into the public schools of the district free of
tuition a person who is over five and younger than 21 years of age on
the first day of September of the school year in which admission is
sought if:
(1) the person and either parent of the person reside
in the school district;
(2) the person does not reside in the school district
but a parent of the person resides in the school district and that
parent is a joint managing conservator or the sole managing
conservator or possessory conservator of the person;
(3) the person and the person's guardian or other
person having lawful control of the person under a court order
reside within the school district;
(4) the person has established a separate residence
under Subsection (d);
(5) the person is homeless, as defined by 42 U.S.C.
Section 11302, regardless of the residence of the person, of either
parent of the person, or of the person's guardian or other person
having lawful control of the person;
(6) the person is a foreign exchange student placed
with a host family that resides in the school district by a
nationally recognized foreign exchange program, unless the school
district has applied for and been granted a waiver by the
commissioner under Subsection (e);
(7) the person resides at a residential facility
located in the district; or
(8) the person resides in the school district and is 18
years of age or older or the person's disabilities of minority have
been removed.
(c) The board of trustees of a school district or the
board's designee may require evidence that a person is eligible to
attend the public schools of the district at the time the board or
its designee considers an application for admission of the person.
The board of trustees or its designee shall establish minimum proof
of residency acceptable to the district. The board of trustees or
its designee may make reasonable inquiries to verify a person's
eligibility for admission.
(d) For a person under the age of 18 years to establish a
residence for the purpose of attending the public schools separate
and apart from the person's parent, guardian, or other person
having lawful control of the person under a court order, it must be
established that the person's presence in the school district is
not for the primary purpose of participation in extracurricular
activities. The board of trustees shall determine whether an
applicant for admission is a resident of the school district for
purposes of attending the public schools and may adopt reasonable
guidelines for making a determination as necessary to protect the
best interests of students. The board of trustees is not required
to admit a person under this subsection if the person:
(1) has engaged in conduct or misbehavior within the
preceding year that has resulted in:
(A) removal to a disciplinary alternative
education program; or
(B) expulsion;
(2) has engaged in delinquent conduct or conduct in
need of supervision and is on probation or other conditional
release for that conduct; or
(3) has been convicted of a criminal offense and is on
probation or other conditional release.
(e) A school district may request that the commissioner
waive the requirement that the district admit a foreign exchange
student who meets the conditions of Subsection (b)(5). The
commissioner shall respond to a district's request not later than
the 60th day after the date of receipt of the request. The
commissioner shall grant the request and issue a waiver effective
for a period not to exceed three years if the commissioner
determines that admission of a foreign exchange student would:
(1) create a financial or staffing hardship for the
district;
(2) diminish the district's ability to provide high
quality educational services for the district's domestic students;
or
(3) require domestic students to compete with foreign
exchange students for educational resources.
(f) A child placed in foster care by an agency of the state
or by a political subdivision shall be permitted to attend the
public schools in the district in which the foster parents reside
free of any charge to the foster parents or the agency. A
durational residence requirement may not be used to prohibit that
child from fully participating in any activity sponsored by the
school district.
(g) A student enrolled in high school in grade 9, 10, 11, or
12 who is placed in temporary foster care by the Texas Department of
Human Services at a residence outside the attendance area for the
school or outside the school district is entitled to complete high
school at the school in which the student was enrolled at the time
of placement without payment of tuition.
(h) In addition to the penalty provided by Section 37.10,
Penal Code, a person who knowingly falsifies information on a form
required for enrollment of a student in a school district is liable
to the district if the student is not eligible for enrollment in the
district but is enrolled on the basis of the false information. The
person is liable, for the period during which the ineligible
student is enrolled, for the greater of:
(1) the maximum tuition fee the district may charge
under Section 25.038; or
(2) the amount the district has budgeted for each
student as maintenance and operating expenses.
(i) A school district may include on an enrollment form
notice of the penalties provided by Section 37.10, Penal Code, and
of the liability provided by Subsection (h) for falsifying
information on the form.
(j) For the purposes of this subchapter, the board of
trustees of a school district by policy may allow a person showing
evidence of legal responsibility for a child other than an order of
a court to substitute for a guardian or other person having lawful
control of the child under an order of a court.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1019, § 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 396, § 2.08, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 1055, § 2, eff. June 20, 2003.
§ 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For
purposes of Section 25.001, a person is not considered to reside in
a school district if:
(1) the person is incarcerated in a private juvenile
detention facility in the district as a result of the order of a
court in another state; and
(2) the person resided in another state or country
immediately before incarceration in the facility.
(b) A school district may provide educational services to a
person described by Subsection (a) if the district is fully
compensated for the cost of the services through payment of tuition
for the person by the operator of the juvenile detention facility or
other person having lawful control of the person in an amount equal
to the actual cost of educating the person.
(c) For purposes of this section, "private juvenile
detention facility" means a juvenile detention facility that is not
operated by a governmental entity.
Added by Acts 1999, 76th Leg., ch. 1477, § 30, eff. Sept. 1,
1999.
§ 25.002. REQUIREMENTS FOR ENROLLMENT. (a) Not later
than the 30th day after the date a parent or other person with legal
control of a child under a court order enrolls the child in a public
school, the parent or other person or the school district in which
the child most recently attended school shall furnish to the school
district:
(1) the child's birth certificate or another document
suitable as proof of the child's identity;
(2) a copy of the child's records from the school the
child most recently attended if the child has been previously
enrolled in a school in this state or another state; and
(3) a record showing that the child has the
immunizations as required under Section 38.001, in the case of a
child required under that section to be immunized, proof as
required by that section showing that the child is not required to
be immunized, or proof that the child is entitled to provisional
admission under that section and under rules adopted under that
section.
(b) If a child is enrolled under a name other than the
child's name as it appears in the identifying document or records,
the school district shall notify the missing children and missing
persons information clearinghouse of the child's name as shown on
the identifying document or records and the name under which the
child is enrolled. The information in the notice is confidential
and may be released only to a law enforcement agency.
(c) If the information required by Subsection (a) is not
furnished to the district within the period provided by that
subsection, the district shall notify the police department of the
municipality or sheriff's department of the county in which the
district is located and request a determination of whether the
child has been reported as missing.
(d) When accepting a child for enrollment, the school
district shall inform the parent or other person enrolling the
child that presenting a false document or false records under this
section is an offense under Section 37.10, Penal Code, and that
enrollment of the child under false documents subjects the person
to liability for tuition or costs under Section 25.001(h).
(e) A person commits an offense if the person enrolls a
child in a public school and fails to furnish an identifying
document or record relating to the child on the request of a law
enforcement agency conducting an investigation in response to a
notification under Subsection (c). An offense under this
subsection is a Class B misdemeanor.
(f) Except as otherwise provided by this subsection, for a
child to be enrolled in a public school, the child must be enrolled
by the child's parent or by the child's guardian or other person
with legal control of the child under a court order. A school
district shall record the name, address, and date of birth of the
person enrolling a child.
(g) A school district shall accept a child for enrollment in
a public school without the documentation required by Subsection
(a) if the Department of Protective and Regulatory Services has
taken possession of the child under Chapter 262, Family Code. The
Department of Protective and Regulatory Services shall ensure that
the documentation required by Subsection (a) is furnished to the
school district not later than the 30th day after the date the child
is enrolled in the school.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 575, § 34, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1514, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 234, § 2, eff. Sept. 1, 2003.
§ 25.0021. USE OF LEGAL SURNAME. In each public school
a student must be identified by the student's legal surname as that
name appears:
(1) on the student's birth certificate or other
document suitable as proof of the student's identity; or
(2) in a court order changing the student's name.
Added by Acts 2001, 77th Leg., ch. 1300, § 1, eff. Sept. 1, 2001.
§ 25.003. TUITION FOR CERTAIN CHILDREN FROM OTHER
STATES. (a) Notwithstanding any other provision of this code, a
school district shall charge tuition for a child who resides at a
residential facility and whose maintenance expenses are paid in
whole or in part by another state or the United States.
(b) A tuition charge under this section must be submitted to
the commissioner for approval.
(c) The attendance of the child is not counted for purposes
of allocating state funds to the district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.09, eff. Sept. 1,
1999.
§ 25.004. TUITION FOR CERTAIN MILITARY DEPENDENTS
PROHIBITED. A school district may not charge tuition for the
attendance of a student who is domiciled in another state and
resides in military housing that is located in the district but is
exempt from taxation by the district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 526, § 1, eff. Sept. 11,
2001.
§ 25.005. RECIPROCITY AGREEMENTS REGARDING MILITARY
PERSONNEL AND DEPENDENTS. (a) To facilitate the transfer of
military personnel and their dependents to and from the public
schools of this state, the agency shall pursue reciprocity
agreements with other states governing the terms of those
transfers.
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records;
(B) awarding credit for completed course work;
and
(C) permitting a student to satisfy the
requirements of Section 39.025 through successful performance on
comparable exit-level assessment instruments administered in
another state; and
(2) include appropriate criteria developed by the
agency.
Added by Acts 2001, 77th Leg., ch. 1073, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 149, § 24, eff. May 27,
2003; Acts 2003, 78th Leg., ch. 445, § 1, eff. June 20, 2003.
SUBCHAPTER B. ASSIGNMENTS AND TRANSFERS
§ 25.031. ASSIGNMENTS AND TRANSFERS IN DISCRETION OF
GOVERNING BOARD. In conformity with this subchapter, the board of
trustees of a school district or the board of county school trustees
or a school employee designated by the board may assign and transfer
any student from one school facility or classroom to another within
its jurisdiction.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.032. BASIS FOR ASSIGNMENT OR TRANSFER. The board
of trustees of a school district, the board of county school
trustees, or the person acting for the board must make the decision
concerning the assignment or transfer of a student on an individual
basis and may not consider as a factor in its decision any matter
relating to the national origin of the student or the student's
ancestral language.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF
PARENT. The parent or person standing in parental relation to any
student may by petition in writing either:
(1) request the assignment or transfer of the student
to a designated school or to a school to be designated by the board;
or
(2) file objections to the assignment of the student
to the school to which the student has been assigned.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.034. HEARING; ACTION ON PETITION;
APPEAL. (a) On receiving a petition under Section 25.033, the
board of trustees of the school district or the board of county
school trustees shall:
(1) if a hearing is not requested, act on the petition
not later than the 30th day after the date the petition is submitted
and notify the petitioner of the board's conclusion; or
(2) if a hearing is requested, designate a time and
place for holding a hearing not later than the 30th day after the
date the petition is submitted.
(b) If a hearing is requested, it shall be conducted by the
board in compliance with this section.
(c) The petitioner may present evidence relevant to the
individual student.
(d) The board may conduct investigations as to the objection
or request, examine any student involved, and employ agents,
professional or otherwise, for the purpose of examinations and
investigations.
(e) The board must grant the request made in the petition
unless the board determines that there is a reasonable basis for
denying the request. The decision of the board, either with or
without hearing, is final unless the student, or the parent,
guardian, or custodian of the student as next friend, files
exception to the decision of the board as constituting a denial of
any right of the student guaranteed under the United States
Constitution.
(f) If an exception is filed under Subsection (e), the board
may reconsider its decision. If the board has not ruled on the
exception before the 16th day after the date of the filing, the
exception is considered overruled. If the exception is overruled,
an appeal of the board's decision may be filed in the district court
of the county in which the board is located. The petition must:
(1) be filed not later than the 30th day after the date
of the board's final decision; and
(2) state the facts relevant to the student that
relate to the alleged denial of the student's rights under the
United States Constitution.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The
boards of trustees of two or more adjoining school districts or the
boards of county school trustees of two or more adjoining counties
may, by agreement and in accordance with Sections 25.032, 25.033,
and 25.034, arrange for the transfer and assignment of any student
from the jurisdiction of one board to that of another. In the case
of the transfer and assignment of a student under this section, the
participating governing boards shall also agree to the transfer of
school funds or other payments proportionate to the transfer of
attendance.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.036. TRANSFER OF STUDENT. (a) Any child, other
than a high school graduate, who is younger than 21 years of age and
eligible for enrollment on September 1 of any school year may
transfer annually from the child's school district of residence to
another district in this state if both the receiving district and
the applicant parent or guardian or person having lawful control of
the child jointly approve and timely agree in writing to the
transfer.
(b) A transfer agreement under this section shall be filed
and preserved as a receiving district record for audit purposes of
the agency.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.037. TRANSFER OF STATE FUNDS. On the timely filing
with the agency of notice of a child's transfer and certification by
the agency of the transfer, the state available school fund
apportionment transfers with the child. For purposes of computing
state allotments to school districts under the Foundation School
Program, the attendance of the child before the date of transfer is
counted by the transfer sending district and the attendance of the
child after the date of transfer is counted by the transfer
receiving district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.038. TUITION FEE FOR TRANSFER STUDENTS. The
receiving school district may charge a tuition fee to the extent
that the district's actual expenditure per student in average daily
attendance, as determined by its board of trustees, exceeds the sum
the district benefits from state aid sources as provided by Section
25.037. However, unless a tuition fee is prescribed and set out in
a transfer agreement before its execution by the parties, an
increase in tuition charge may not be made for the year of that
transfer that exceeds the tuition charge, if any, of the preceding
school year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.039. CONTRACTS AND TUITION FOR EDUCATION OUTSIDE
DISTRICT. (a) A school district that does not offer each grade
level from kindergarten through grade 12 may provide by contract
for students residing in the district who are at grade levels not
offered by the district to be educated at those grade levels in one
or more other districts. In each contract, the districts also shall
agree to the transfer of school funds or other payments
proportionate to the transfer of attendance.
(b) The school district in which the students reside shall
pay tuition to any district with which it has a contract under this
section for each of its students attending school in that district
at a grade level for which the district has contracted. The amount
of the tuition paid may not exceed the greater of the amount
provided for by Section 25.038 or an amount specified by
commissioner rule.
(c) A school district is not required to pay tuition to any
district with which it has not contracted for the attendance by any
of its students at a grade level for which it has contracted under
this section with another district.
(d) A contract under this section may not be for a period
exceeding five years.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 1.32, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 1069, § 1, eff. Sept. 1, 2003.
§ 25.040. TRANSFER TO DISTRICT OF BORDERING STATE. Any
child entitled to attend the public school of any school district
situated on the border of Louisiana, Arkansas, Oklahoma, or New
Mexico who finds it more convenient to attend the public school in a
district in the contiguous state may have the apportionment of the
state and county available school funds paid to the school district
of the contiguous state and may have additional tuition, if
necessary, paid by the district of the child's residence on terms
agreed on by the trustees of the receiving district and the trustees
of the residence district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF
STATE SCHOOLS. A school-age child or ward of an employee of a state
school for the mentally retarded constituted as a school district
who resides in the boundaries of the state school property but who
is not a student at the state school is entitled to attend school in
a district adjacent to the state school free of any charge to the
child's or ward's parent or guardian provided the parent or guardian
is required by the superintendent of the state school to live on the
grounds of the state school for the convenience of this state. A
tuition charge required by the admitting district shall be paid by
the district constituting the state school out of funds allotted to
it by the agency.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.042. TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS
YOUTH COMMISSION FACILITIES. A school-age child of an employee of
a facility of the Texas Youth Commission is entitled to attend
school in a school district adjacent to the district in which the
student resides free of any charge to the student's parents or
guardian. Any tuition charge required by the admitting district
shall be paid by the district from which the student transfers out
of any funds appropriated to the facility.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE
§ 25.081. OPERATION OF SCHOOLS. (a) Except as
authorized under Subsection (b) of this section, Section 25.084, or
Section 29.0821, for each school year each school district must
operate so that the district provides for at least 180 days of
instruction for students.
(b) The commissioner may approve the instruction of
students for fewer than the number of days required under
Subsection (a) if disaster, flood, extreme weather conditions, fuel
curtailment, or another calamity causes the closing of schools.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 824, § 2, eff. June 20,
2003.
§ 25.0811. FIRST DAY OF INSTRUCTION. (a) A school
district may not begin instruction for students for a school year
before the week in which August 21 falls. For purposes of this
subsection, Sunday is considered the first day of the week.
(b) If a school district intends to apply under Section
7.056 for a waiver of the prohibition prescribed by Subsection (a),
the district must:
(1) at least 60 days before the date the district
submits the application for the waiver, publish notice in a
newspaper having general circulation in the district:
(A) stating that the district intends to apply
for a waiver of the prohibition concerning the date of the first day
of instruction for students; and
(B) specifying the date on which the district
intends to begin instruction for students; and
(2) hold a public hearing concerning the date of the
first day of instruction for students.
(c) The application for a waiver of the prohibition
prescribed by Subsection (a) must include a summary of the opinions
expressed at the public hearing held under Subsection (b)(2),
including any consensus of opinion expressed concerning the date of
the first day of instruction for students.
Added by Acts 2001, 77th Leg., ch. 909, § 1, eff. Sept. 1, 2001.
§ 25.082. SCHOOL DAY; PLEDGES OF ALLEGIANCE; MINUTE OF
SILENCE. (a) A school day shall be at least seven hours each day,
including intermissions and recesses.
(b) The board of trustees of each school district shall
require students, once during each school day at each school in the
district, to recite:
(1) the pledge of allegiance to the United States flag
in accordance with 4 U.S.C. Section 4, and its subsequent
amendments; and
(2) the pledge of allegiance to the state flag in
accordance with Subchapter C, Chapter 3100, Government Code.
(c) On written request from a student's parent or guardian,
a school district shall excuse the student from reciting a pledge of
allegiance under Subsection (b).
(d) The board of trustees of each school district shall
provide for the observance of one minute of silence at each school
in the district following the recitation of the pledges of
allegiance to the United States and Texas flags under Subsection
(b). During the one-minute period, each student may, as the student
chooses, reflect, pray, meditate, or engage in any other silent
activity that is not likely to interfere with or distract another
student. Each teacher or other school employee in charge of
students during that period shall ensure that each of those
students remains silent and does not act in a manner that is likely
to interfere with or distract another student.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 126, § 1, 2, eff. Sept. 1,
2003.
§ 25.083. SCHOOL DAY INTERRUPTIONS. The board of
trustees of each school district shall adopt and strictly enforce a
policy limiting interruptions of classes during the school day for
nonacademic activities such as announcements and sales promotions.
At a minimum, the policy must limit announcements other than
emergency announcements to once during the school day.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.084. YEAR-ROUND SYSTEM. (a) A school district
may operate its schools year-round on either a single-track or a
multitrack calendar. If a school district adopts a year-round
system, the district may modify:
(1) the number of contract days of employees and the
number of days of operation, including any time required for staff
development, planning and preparation, and continuing education,
otherwise required by law;
(2) testing dates, data reporting, and related
matters;
(3) the date of the first day of instruction of the
school year under Section 25.0811 for a school that was operating
year-round for the 2000-2001 school year; and
(4) a student's eligibility to participate in
extracurricular activities when the student's calendar track is not
in session.
(b) The operation of schools year-round by a district does
not affect the amount of state funds to which the district is
entitled under Chapter 42.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 909, § 2, eff. Sept. 1,
2001.
§ 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.
(d) Unless specifically exempted by Section 25.086, a
student enrolled in a school district must attend:
(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;
(4) a basic skills program to which the student is
assigned under Section 29.086; or
(5) a summer program provided under Section 37.008(l)
or Section 37.021.
(e) 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 purposes of Section 37.107.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1019, § 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 396, § 2.10, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 711, § 1, eff. June 18, 1999; Acts
2003, 78th Leg., ch. 1055, § 3, eff. June 20, 2003.
§ 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
37.011;
(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 as defined by 42 U.S.C.
Section 11302; 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 Job Training Partnership Act (29 U.S.C. Section
1501 et seq.), and its subsequent amendments;
(7) is enrolled in the Texas Academy of Mathematics
and Science;
(8) is enrolled in the Texas Academy of Leadership in
the Humanities; or
(9) 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 1, eff. June 19,
1997; Acts 1997, 75th Leg., ch. 1019, § 3, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1282, § 2, eff. June 18, 1999.
§ 25.087. EXCUSED ABSENCES. (a) A person required to
attend school, including a person required to attend school under
Section 25.085(e), may be excused for temporary absence resulting
from any cause acceptable to the teacher, principal, or
superintendent of the school in which the person is enrolled.
(b) A school district shall excuse a student from attending
school for the purpose of observing religious holy days, including
traveling for that purpose. A school district shall excuse a
student for temporary absence resulting from health care
professionals if that student commences classes or returns to
school on the same day of the appointment. A student whose absence
is excused under this subsection may not be penalized for that
absence and shall be counted as if the student attended school for
purposes of calculating the average daily attendance of students in
the school district. A student whose absence is excused under this
subsection shall be allowed a reasonable time to make up school work
missed on those days. If the student satisfactorily completes the
school work, the day of absence shall be counted as a day of
compulsory attendance.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 651, § 1, eff. June 18,
1999; Acts 1999, 76th Leg., ch. 711, § 2, eff. June 18, 1999.
§ 25.088. SCHOOL ATTENDANCE OFFICER. The school
attendance officer may be selected by:
(1) the county school trustees of any county;
(2) the board of trustees of any school district or the
boards of trustees of two or more school districts jointly; or
(3) the governing body of an open-enrollment charter
school.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 21, eff. Sept. 1,
2001.
§ 25.089. COMPENSATION OF ATTENDANCE OFFICER; DUAL
SERVICE. (a) An attendance officer may be compensated from the
funds of the county, independent school district, or
open-enrollment charter school, as applicable.
(b) An attendance officer may be the probation officer or an
officer of the juvenile court of the county.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 22, eff. Sept. 1,
2001.
§ 25.090. ATTENDANCE OFFICER NOT SELECTED. (a) In
those counties and independent school districts where an attendance
officer has not been selected, the duties of attendance officer
shall be performed by the school superintendents and peace officers
of the counties and districts.
(b) If the governing body of an open-enrollment charter
school has not selected an attendance officer, the duties of
attendance officer shall be performed by the peace officers of the
county in which the school is located.
(c) Additional compensation may not be paid for services
performed under this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 23, eff. Sept. 1,
2001.
§ 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 county, justice, or
municipal court if the student has unexcused absences for 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 county, justice, or
municipal court against a 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 officer;
(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 a student who is in violation of compulsory school
attendance requirements, except that a peace officer may not enter
a residence without the 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 requirements referred to the
attendance 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 county, justice, or
municipal court if the student has unexcused absences for 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 county, 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 requirements, 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
from 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 that 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
Article 2.12, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1514, § 2, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 137, § 3, eff. Sept. 1, 2003.
§ 25.092. MINIMUM ATTENDANCE FOR CLASS
CREDIT. (a) Except as provided by this section, a student may not
be given credit for a class unless the student is in attendance for
at least 90 percent of the days the class is offered.
(b) The board of trustees of each school district shall
appoint one or more attendance committees to hear petitions for
class credit by students who are in attendance fewer than the number
of days required under Subsection (a). Classroom teachers shall
comprise a majority of the membership of the committee. A committee
may give class credit 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 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(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 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(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(a)(15).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 698, § 2, eff. June 18,
1999.
§ 25.093. PARENT CONTRIBUTING TO
NONATTENDANCE. (a) If a warning is issued as required by Section
25.095(a), the parent with criminal negligence fails to require the
child to attend school as required by law, and the child has
absences for the amount of time specified under Section 25.094, the
parent commits an offense.
(b) The attendance officer or other appropriate school
official shall file a complaint against the parent in:
(1) the constitutional county court of the county in
which the parent resides or in which the school is located, if the
county has a population of two million or more;
(2) a justice court of any precinct in the county in
which the parent resides or in which the school is located; or
(3) a municipal court of the municipality in which the
parent resides or in which the school is located.
(c) An offense under Subsection (a) is a Class C
misdemeanor. Each day the child remains out of school may
constitute a separate offense. Two or more offenses under
Subsection (a) may be consolidated and prosecuted in a single
action. If the court orders deferred disposition under Article
45.051, Code of Criminal Procedure, the court may require the
defendant to provide personal services to a charitable or
educational institution as a condition of the deferral.
(d) A fine collected under this section shall be deposited
as follows:
(1) one-half shall be deposited to the credit of the
operating fund of, as applicable:
(A) the school district in which the child
attends school;
(B) the open-enrollment charter school the child
attends; or
(C) the juvenile justice alternative education
program that the child has been ordered to attend; and
(2) one-half shall be deposited to the credit of:
(A) the general fund of the county, if the
complaint is filed in the justice court or the constitutional
county court; or
(B) the general fund of the municipality, if the
complaint is filed in municipal court.
(e) At the trial of any person charged with violating this
section, the attendance records of the child may be presented in
court by any authorized employee of the school district or
open-enrollment charter school, as applicable.
(f) The court in which a conviction, deferred adjudication,
or deferred disposition for an offense under Subsection (a) occurs
may order the defendant to attend a program for parents of students
with unexcused absences that provides instruction designed to
assist those parents in identifying problems that contribute to the
students' unexcused absences and in developing strategies for
resolving those problems if a program is available.
(g) If a parent refuses to obey a court order entered under
this section, the court may punish the parent for contempt of court
under Section 21.002, Government Code.
(h) It is an affirmative defense to prosecution for an
offense under Subsection (a) that one or more of the absences
required to be proven under Subsection (a) was excused by a school
official or should be excused by the court. The burden is on the
defendant to show by a preponderance of the evidence that the
absence has been or should be excused. A decision by the court to
excuse an absence for purposes of this section does not affect the
ability of the school district to determine whether to excuse the
absence for another purpose.
(i) In this section, "parent" includes a person standing in
parental relation.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 865, § 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1403, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1504, § 24, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1514, § 3, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 137, § 4, 5, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 283, § 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 1276, § 6.001, eff. Sept. 1, 2003.
§ 25.094. FAILURE TO ATTEND SCHOOL. (a) An individual
commits an offense if the individual:
(1) is required to attend school under Section 25.085;
and
(2) fails to attend school on 10 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.
(b) An offense under this section may be prosecuted in:
(1) the constitutional county court of the county in
which the individual resides or in which the school is located, if
the county has a population of two million or more;
(2) a justice court of any precinct in the county in
which the individual resides or in which the school is located; or
(3) a municipal court in the municipality in which the
individual resides or in which the school is located.
(c) On a finding by the county, justice, or municipal court
that the individual has committed an offense under Subsection (a)
or on a finding by a juvenile court in a county with a population of
less than 100,000 that the individual has engaged in conduct that
violates Subsection (a), the court may enter an order that includes
one or more of the requirements listed in Article 45.054, Code of
Criminal Procedure, as added by Chapter 1514, Acts of the 77th
Legislature, Regular Session, 2001.
(d) If the county, justice, or municipal court believes that
a child has violated an order issued under Subsection (c), the court
may proceed as authorized by Article 45.050, Code of Criminal
Procedure.
(d-1) Pursuant to an order of the county, justice, or
municipal court based on an affidavit showing probable cause to
believe that an individual has committed an offense under this
section, a peace officer may take the individual into custody. A
peace officer taking an individual into custody under this
subsection shall:
(1) promptly notify the individual's parent, guardian,
or custodian of the officer's action and the reason for that action;
and
(2) without unnecessary delay:
(A) release the individual to the individual's
parent, guardian, or custodian or to another responsible adult, if
the person promises to bring the individual to the county, justice,
or municipal court as requested by the court; or
(B) bring the individual to a county, justice, or
municipal court with venue over the offense.
(e) An offense under this section is a Class C misdemeanor.
(f) It is an affirmative defense to prosecution under this
section that one or more of the absences required to be proven under
Subsection (a) was excused by a school official or should be excused
by the court. The burden is on the defendant to show by a
preponderance of the evidence that the absence has been or should be
excused. A decision by the court to excuse an absence for purposes
of this section does not affect the ability of the school district
to determine whether to excuse the absence for another purpose.
(g) It is an affirmative defense to prosecution under this
section that one or more of the absences required to be proven under
Subsection (a) was involuntary. The burden is on the defendant to
show by a preponderance of the evidence that the absence was
involuntary.
(h) Deleted by Acts 2001, 77th Leg., ch. 1514, § 4.
(i) Deleted by Acts 2001, 77th Leg., ch. 1514, § 4.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 865, § 3, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1297, § 55, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1514, § 4, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 137, § 6 to 8, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 283, § 39, eff. Sept. 1, 2003.
§ 25.095. WARNING NOTICES. (a) A school district or
open-enrollment charter school shall notify a student's parent in
writing at the beginning of the school year that if the student is
absent from school on 10 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:
(1) the student's parent is subject to prosecution
under Section 25.093; and
(2) the student is subject to prosecution under
Section 25.094 or to referral to a juvenile court in a county with a
population of less than 100,000 for conduct that violates that
section.
(b) A school district shall notify a student's parent if the
student has been absent from school, without excuse under Section
25.087, on three days or parts of days within a four-week period.
The notice must:
(1) inform the parent that:
(A) it is the parent's duty to monitor the
student's school attendance and require the student to attend
school; and
(B) the parent is subject to prosecution under
Section 25.093; and
(2) request a conference between school officials and
the parent to discuss the absences.
(c) The fact that a parent did not receive a notice under
Subsection (a) or (b) does not create a defense to prosecution under
Section 25.093 or 25.094.
(d) In this section, "parent" includes a person standing in
parental relation.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 25, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1514, § 5, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1276, § 6.002, eff. Sept. 1, 2003.
§ 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:
(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
(b) If a student fails to attend school without excuse on
three or more days or parts of days within a four-week period but
does not fail to attend school for the time described by Subsection
(a), the school district may:
(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
(c) In this section, "parent" includes a person standing in
parental relation.
Added by Acts 2001, 77th Leg., ch. 1514, § 6, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 137, § 9, eff. Sept. 1,
2003.
§ 25.0952. PROCEDURES APPLICABLE TO SCHOOL
ATTENDANCE-RELATED OFFENSES. In a proceeding based on a complaint
under Section 25.093 or 25.094, the court shall, except as
otherwise provided by this chapter, use the procedures and exercise
the powers authorized by Chapter 45, Code of Criminal Procedure.
Added by Acts 2001, 77th Leg., ch. 1514, § 6, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 137, § 10, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 283, § 40, eff. Sept. 1, 2003.
SUBCHAPTER D. STUDENT/TEACHER RATIOS; CLASS SIZE
§ 25.111. STUDENT/TEACHER RATIOS. Except as provided
by Section 25.112, each school district must employ a sufficient
number of teachers certified under Subchapter B, Chapter 21, to
maintain an average ratio of not less than one teacher for each 20
students in average daily attendance.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 25.112. CLASS SIZE. (a) Except as otherwise
authorized by this section, a school district may not enroll more
than 22 students in a kindergarten, first, second, third, or fourth
grade class. That limitation does not apply during:
(1) any 12-week period of the school year selected by
the district, in the case of a district whose average daily
attendance is adjusted under Section 42.005(c); or
(2) the last 12 weeks of any school year in the case of
any other district.
(b) Not later than the 30th day after the first day of the
12-week period for which a district whose average daily attendance
is adjusted under Section 42.005(c) is claiming an exemption under
Subsection (a), the district shall notify the commissioner in
writing that the district is claiming an exemption for the period
stated in the notice.
(c) In determining the number of students to enroll in any
class, a school district shall consider the subject to be taught,
the teaching methodology to be used, and any need for individual
instruction.
(d) On application of a school district, the commissioner
may except the district from the limit in Subsection (a) if the
commissioner finds the limit works an undue hardship on the
district. An exception expires at the end of the semester for which
it is granted, and the commissioner may not grant an exception for:
(1) more than one semester at a time.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 889, § 1, eff. June 14,
2001.
§ 25.113. NOTICE OF CLASS SIZE. (a) A campus or
district that is granted an exception under Section 25.112(d) from
class size limits shall provide written notice of the exception to
the parent of or person standing in parental relation to each
student affected by the exception. The notice must be in
conspicuous bold or underlined print and:
(1) specify the class for which an exception from the
limit imposed by Section 25.112(a) was granted;
(2) state the number of children in the class for which
the exception was granted; and
(3) be included in a regular mailing or other
communication from the campus or district, such as information sent
home with students.
(b) The notice required by Subsection (a) must be provided
not later than the 31st day after:
(1) the first day of the school year; or
(2) the date the exception is granted, if the
exception is granted after the beginning of the school year.
Added by Acts 2001, 77th Leg., ch. 889, § 2, eff. June 14, 2001.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS RELATING TO STUDENTS
§ 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A
public school student has an absolute right to individually,
voluntarily, and silently pray or meditate in school in a manner
that does not disrupt the instructional or other activities of the
school. A person may not require, encourage, or coerce a student to
engage in or refrain from such prayer or meditation during any
school activity.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
