Texas requires a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached his/her 18th birthday to attend school for the entire period the program is offered unless exempt by TEC 25.086. While students are not required to enroll in pre-kindergarten or kindergarten, once enrolled the students are required to attend school. TEC 25.085 and Board Policy FEA (LEGAL)
The parent/guardian commits an offense of criminal negligence under TEC 25.093 if, after having received the above warning in writing, a child has unexcused, voluntary absences for ten (10) or more days or parts of days within a six-month period or three (3) or more days or parts of days within a four-week period from school. An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $500. TEC 25.093, Family Code 51.03(b)(2), and Penal Code 12.233
A parent/guardian of a school-age child has the responsibility to require that his/her child attend school regularly. When sickness or another reason necessitates an absence, a note signed by the parent/guardian or phone call explaining the reason for the absence is required prior to or when the student returns to school. If a student fails to submit a note from the parent or the school does not receive a phone call from the parent, the absence will automatically be considered unexcused.
Absences for vacations, business trips, babysitting, working, and other such reasons shall be considered unexcused.
Compulsory School Attendance—Texas Education Code 25.085
A child who is required to attend school shall attend school each school day for the entire period the program of instruction is provided.
A) An individual commits this offense if the individual:
- is required to attend school under section 25.085; and
- fails to attend school on ten (10) or more days or parts of days without an excuse within a six-month period in the same school year or three (3) or more days or parts of days without an excuse within a four- week period.
Failure to Attend School—Texas Education Code 25.094
B) An offense under this section may be prosecuted in:
- the constitutional county court of the county in which the parent resides or in which the school is located, if the county has a population of two million or more;
- a justice court of any precinct in the county in which the parent resides or in which the school is located; or
- a municipal court of the municipality in which the parent resides or in which the school is located.
C) An offense under Subsection (a) is a Class C misdemeanor. Each day the child remains out of school may constitute a separate offense. Two or more offenses under Subsection (a) may be consolidated and prosecuted in a single action.
If a student has three (3) unexcused absences within a 4-week period, the student will receive a Compulsory Attendance Notification (CAN) letter. The letter will be mailed to the student's home address. The student has five (5) school days to contact the attendance clerk at their school to correct any errors. If the school attendance record is not corrected by the 5th school day, a court warning letter will be sent on the 6th day. At that time, the student will be referred to the Katy ISD Police Department's Truancy Division. If the student continues to have unexcused absences, after the court warning has been issued, the student will be filed on and receive a summons to appear in court. (If a student has any absences due to illness after receiving a court warning, the student must have a note from a health care professional turned in to the attendance clerk the day he/she returns to school.
- If a student has ten (10) unexcused absences in a 6-month period, an affidavit shall be issued.
- In either case, the student's attendance will be monitored for the remainder of the school year.
- Attendance Officers by law have to file on students/parents who reach 10 unexcused absences in a 6 month period.
- If you get a letter and have any questions contact your child's school attendance clerk.