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Compulsory School Attendance

Compulsory Attendance (Education Code § 25.085: Family Code § 65.002)
Unless specifically exempt by section 25.086, a child who is at least six years of age, or who is younger than six of age and has previously been enrolled in first grade, and who has not yet reached their 19th birthday; a person who voluntarily enrolls in school after the person's 19th birthday shall attend school each school day for the entire period the program of instruction is offered. Failure to comply with the established requirements are referred J.P. Court for further action.

Students 19 and older
School districts may issue a warning letter to a student attending school who is 19 years old or older. The school district may also revoke enrollment of the student if they have more than 5 unexcused absences in one semester; or as an alternative, impose Truancy Prevention Measures on the student. A school district cannot revoke the enrollment of an older student on a day on which the student is physically present at school.

Truant Conduct (Family Code § 65.003)
A child engages in truant conduct if the child is required to attend school under 25.085, Education Code, and fails to attend on 10 or more days or parts of days within a six-month period in the same school year. Truant Conduct cases are referred and processed through civil judicial procedures after Truancy Prevention Measures have been applied by the school and have failed.

Parent Contributing to Non-Attendance (Education Code § 25.093)
Charges for parent contributing to non-attendance of a child is a criminal charge and fines are based on the number of offenses filed. The school district must provide evidence of the parents "criminal negligence" in contributing to the non-attendance of the student. The school district must provide documentation to the courts which indicates the school demonstrated attempts to work with the student and/or parent. (documentation may include; Court Warnings, a signed Truant Conduct Agreement Contract, home visits, conferences with parent, etc.)

Warning Notice (Education Code § 25.095)
At the beginning of the school year, a district must send notice to students' parents that if the student is absent on 10 or more days or parts of days within a six month period, the student's parent is subject to prosecution and the student is subject to referral to a truancy court. If a student has been absent without excuse on three days or parts of days within a four-week period, the school district shall issue a warning notice to inform the parent that the student is subject to truancy prevention measures in addition to other statutory requirement in existence.

Truancy Prevention Measures (Education Code §25.0915)
The school district is required to adopt at a minimum TPM that include; a behavior improvement plan including the specific behavior required or prohibited of the student and the period of time the plan will be in place; (time cannot exceed 45 days) impose school —based community service; refer the student to counseling, mediation, mentoring, teen-court, or other in-school or out-of¬school service aimed at addressing truant behavior.

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