Is it legal for Texas parents to let their children in K-12 skip school? Here’s the law
In Texas, chronic absenteeism averaged at 12.5% before the pandemic, making students more likely to drop out of school, impairing their ability to learn and decreasing the likelihood that they’ll graduate on time.
More than 740,000 students missed at least one-tenth of their instruction in 2019. COVID has likely exacerbated chronic absenteeism, according to the Texas nonprofit Children at Risk, as more students have faced challenges and educational disruptions. However, there are laws in place to prevent chronic absenteeism in the Lone Star State.
A child who is between 6 and 19 years old is required to attend school each school day for the entire period the program of instruction is provided, according to Section 25.085 of the Texas Education Code. That’s unless the child is exempted from attendance of school by Texas Education Code Section 25.086.
There are several exemptions from the attendance requirement, according to the Texas Education Agency. A primary exemption applies to students who are enrolled in a private or parochial school, including a home school. Another primary exemption is for students who are at least 17 years of age and are either enrolled in a GED (high school equivalency) program or have received either a high school diploma or a GED certificate.
The 90% rule
The “90% rule” applies to students in any grade level from kindergarten through 12th grade. Credit or a final grade for a class hinges on a student’s attendance for at least 90% of the days a class is offered.
The average school year is 180 days, so a child can only miss 18 days of school before the 90% rule affects their class credit, per Navigate Life Texas.
A student who attends at least 75% but less than 90% of the days a class is offered can be given credit or a final grade if they complete a plan approved by the principal that allows for the student to meet the instructional requirements of the class.
Attendance exemptions under Texas law
Texas Education Code Section 25.086 states that a child is exempt from the requirements of compulsory school attendance if the child:
- attends a private or parochial school that includes in its course a study of good citizenship;
- 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;
- 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;
- 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;
- is at least 17 years of age and is attending a course of instruction to prepare for the high school equivalency examination, and has the permission of the child’s parent or guardian to attend the course; is required by court order to attend the course; has established a residence separate and apart from the child’s parent, guardian, or other person having lawful control of the child; or is homeless; or has received a high school diploma or high school equivalency certificate;
- is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if 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 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.);
- is at least 16 years of age and is enrolled in a high school diploma program under Chapter 18;
- is enrolled in the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105
- is enrolled in the Texas Academy of Leadership in the Humanities;
- is enrolled in the Texas Academy of Mathematics and Science at The University of Texas at Brownsville;
- is enrolled in the Texas Academy of International Studies; or
- is specifically exempted under another law.
This does not relieve a school district of its fiscal and administrative responsibilities when a child is eligible to participate in the district’s special education program or of its responsibility to provide a free appropriate public education to a child with a disability.
Texas parents can be prosecuted for allowing children to miss school
If a student has unexcused absences on three days within a four-week period, the district sends a warning notice to inform the parent that the student is subject to truancy prevention measures, which are supposed to promote consistent school attendance while addressing the underlying risk factors that may lead to truancy.
Districts can file a complaint for criminal prosecution of a parent for contributing to a student’s failure to attend school, according to the Texas Association of School Boards, if the parent fails to require the student to attend school on 10 or more days within a six-month period. A complaint against a parent can be made in the county, justice, or municipal court if the district provides evidence and meets the statute’s other requirements.
If a child is required to attend school and fails to do so, criminal charges may be brought against the parent under Section 25.093 of the education code. The offense of contributing to a student’s failure to attend school is classified as a misdemeanor punishable by the following fines:
- $100 for a first offense;
- $200 for a second offense;
- $300 for a third offense;
- $400 for a fourth offense; or
- $500 for a fifth or subsequent offense.
The student may also be referred to truancy court that can impose civil consequences if they are absent 10 or more days within a six-month period.
