Failure to Attend School
Excused Absences

A student may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or superintendent of the school in which the student is enrolled.

A school district must excuse a student:
(i)   For observance of religious holy days, including travel; or
(ii) For attending a required court appearance, including travel; or
(iii) For temporary absence resulting from health care professionals if that student commences classes or returns to school on the same day of the appointment.

Where excuse is mandatory, the student may not be penalized for that absence. If the student satisfactorily completes the school work missed while absent, the day of absence is counted as a day of compulsory attendance.

Tex. Educ. Code §25.087.

At the beginning of the school year, the school district must notify the parent in writing that if the student is absent from school on 10 or more days or parts of days within a 6-month period in the same school year, or on 3 or more days or parts of days within a 4-week period, the parent is subject to prosecution for “parent contributing to nonattendance,” and the student is subject to prosecution for “failure to attend school.” The school district is also required to notify a parent if the student has been absent without excuse on 3 days or parts of days within a 4-week period. This second notice must inform the parent that it is the parent’s duty to monitor and require the student to attend school, and the parent is subject to prosecution for “parent contributing to nonattendance;” and that the parent must request a conference between school officials and the parent.

Tex. Educ. Code §25.095.

More Information about Failure to Attend School Cases

General Information

This information is furnished to you to provide basic information relative to the law governing procedures for Failure to Attend School and Parent Contributing to Failure to Attend School cases in the Harris County Justice Courts.

The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. You are urged to review the applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions.

You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself.

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.