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Failure to Attend School
Persons Required to Attend School

A child who is at least 6 years of age, or who is younger than 6 years of age and has previously been enrolled in first grade, and who has not yet reached the 18th birthday, is required to attend school.

Those also required to attend school include:

  • A child on enrollment in pre-kindergarten or kindergarten;
  • A person in an extended year program for students identified as likely not to be promoted, or in tutorial classes required under Section 29.084;
  • A person assigned to an accelerated reading instruction program under Section 28.006(g);
  • A child assigned to an accelerated instruction program under Section 28.0211;
  • A child assigned to a basic skills program under Section 29.086;
  • A child in a summer program provided under Section 37.008(l) or Section 37.021.

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 of the program. Enrollment may be revoked after the person has more than 5 unexcused absences in a semester.

The board of trustees may adopt a policy requiring a person who voluntarily enrolls in school or voluntarily attends school after the person’s 18th birthday, but who is under 21 years of age, to attend school until the end of the school year.  A parent of a student 18years of age or older may not be charged with “parent contributing to nonattendance.”  The school district does not need to notify a parent of the consequences of failing to attend school.

Tex. Educ. Code §25.085.

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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.