Can parents be punished if their child misses too much school? Learn what Texas law says
Since the COVID-19 pandemic, the Texas Education Agency (TEA) reported it has seen a decline in academic performance and suggested that chronic absenteeism could be one of the contributing factors.
The TEA said in its report that “students regularly attending school have better outcomes.”
The agency also determined that “schools can influence and improve their own attendance rates.” That is why Texas has laws to ensure that all children properly utilize the education they deserve.
What Texas law says about kids missing school
By Texas law, children who are at least 6 years old are required to attend school each school day for the entire period the program of instruction is provided until they are 19 years old, according to Section 25.085 of the Texas Education Code.
The Texas Education Agency has a 90% rule, meaning your child must be in person or class for 90% of the school year.
This means students can only miss 18 days in the 180 day school year. If they surpass this limit, your child may need to repeat a class, or even a grade, according to Texas Education Code 25.092.
The one exception to this is “a student who is in attendance for at least 75 percent, but less than 90 percent, of the days a class is offered may be given credit or a final grade if the student completes a plan approved by the principle that provides for the student to meet the instructional requirements of the class,” according to TEA.
There is such a thing as an excused absence, which will not count against the student when counting credit.
TEA recognizes the following as valid excuses for absences. Please note that each district may have requirements regarding excused absences, in which you need to follow your child’s school policy.
Observance of a religious holy day.
Attendance in a required court appearance.
Appearing at a governmental office to complete paperwork required in connection with the student’s application for United States citizenship.
To take part in a United States naturalization oath ceremony, for service as an election clerk, or for an activity that is either required by a service plan or ordered by a court.
If the child is in the conservatorship of the Department of Family and Protective Services (DFPS).
Must excuse a temporary absence for the purpose of an appointment with a healthcare professional for the student or the student’s child if the student comes to school the day of the appointment, either before or after the appointment.
For service as a student early voting clerk (up to two days).
Junior or senior for the purpose of visiting an accredited institution of higher education (for up to two days per year).
Visit with a parent, stepparent, or legal guardian who is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or guardian regularly resides (up to five days, no earlier than 60 days before deployment and no later than 30 days after return).
17 years or older from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard (no more than four days).
Student in grades six through 12 for the purpose of sounding “Taps” at a military honors funeral held in this state for a deceased veteran.
Can parents be penalized for their child missing class?
If your student misses too much class, then both the child or guardian can be at fault. According to Texas Penal Code, “A child engages in truant conduct if the child is required to attend school under Section 25.085, Education Code, and fails to attend school on 10 or more days or parts of days within a six-month period in the same school year.”
Truant conduct can apply to children who are older than 12 and younger than 19. Children will not be sent to jail, but may be fined up to $100 with a driver’s license suspension.
If a parent is charged, the fine will also not exceed $100 and they can be charged with a misdemeanor. For every time that a parent is charged with truancy, the fine will increase by $100 (second time: $200, third time: $300).
Excuses for truancy include, “student’s absences are the result of pregnancy, being in the state foster program, homelessness, or being the principal income earner for the student’s family, the district shall offer additional counseling to the student and may not refer the student to a truancy court,” according to TEA.