This guide clarifies crucial Texas statutes concerning student attendance, public school admission, enrollment records, and tuition, particularly relevant for administrators as the 2017-2018 school year commences. This document is based on official Texas Education Agency guidelines to ensure accuracy and reliability.
I. Compulsory Attendance Explained
These regulations are applicable to both traditional school districts and open-enrollment charter schools, ensuring consistent standards across Texas.
Who Must Attend School?
Texas law (§25.085) mandates compulsory attendance for children aged six by September 1st of the ongoing school year. This legal obligation continues until the student’s 19th birthday, unless specific exemptions (§25.086) apply.
Children younger than compulsory attendance age are also subject to these rules if they are voluntarily enrolled in prekindergarten or kindergarten programs (§25.085(c)).
Furthermore, compulsory attendance extends to various extended educational programs like extended-year programs, tutorial sessions, accelerated reading and instruction initiatives, basic skills programs, and summer programs designed for students facing certain disciplinary actions (§25.085(d)).
Enforcement of compulsory attendance is carried out through §25.093 and Chapter 65 of the Texas Family Code.
Exemptions from Compulsory Attendance
Section 25.086 details exemptions from mandatory attendance. Three key exemptions are outlined below:
Students Facing Expulsion
The exemption for expelled students is conditional, applying only within school districts not involved in a mandatory Juvenile Justice Alternative Education Program (JJAEP). Notably, counties with populations exceeding 125,000 typically operate JJAEPs. In these larger counties, expulsion does not exempt students from compulsory attendance. Expelled students are required to attend either a JJAEP or another educational program designated by the school district. If an expelled student from a non-JJAEP county moves to a county with a JJAEP, the new district may uphold the expulsion but must place the student in a JJAEP or an alternative educational setting. It’s important to note that open-enrollment charter schools have the autonomy to deny admission to students expelled from school districts if their charter permits.
Irrespective of expulsion exemptions, school districts retain a continuous responsibility under federal and state special education laws to deliver a Free Appropriate Public Education (FAPE) to students with disabilities who have been removed from their regular educational placement for disciplinary reasons. This obligation exists regardless of the county’s population.
17-Year-Olds in GED Preparation
Seventeen-year-old students enrolled in a high school equivalency exam preparation course may be exempt from compulsory attendance under specific conditions:
- Parental or guardian permission for course attendance.
- Court-ordered course attendance.
- Established independent residency from parents or guardians.
- Homeless status.
(For enrollment details for students with separate residences or those experiencing homelessness, refer to Part III, Admission.)
16-Year-Olds in GED Preparation
A separate exemption exists for 16-year-olds in high school equivalency preparation, but it is more narrowly defined. This exemption applies only if the student is part of a Job Corps training program or is recommended for the course by a public agency overseeing or in custody of the child via court order. Truancy courts, as per §65.103 of the Texas Family Code, may mandate 16-year-olds found truant to take a high school equivalency exam and enroll in a preparatory course. These are the exclusive conditions for 16-year-old exemptions related to GED preparation. Additionally, some 16-year-olds may participate in high school equivalency programs run by school districts or open-enrollment charter schools under §29.087.
Enforcing Compulsory Attendance and Attendance Officers
Designation of Attendance Officers
School districts and open-enrollment charter schools have the option to appoint attendance officers to enforce student attendance, as per §25.088. In independent school districts without a designated officer, the superintendent and local peace officers are mandated to fulfill these duties (§25.090). For open-enrollment charter schools without their own officers, county peace officers are responsible for attendance enforcement.
Responsibilities of Attendance Officers
Section 25.091 outlines the duties of attendance officers, differentiating between peace officers and non-peace officers. Critically, attendance officers can only refer students to truancy court for “unexcused absences.” Excused absences are not factored into the count for referrals or complaints. The purview of attendance officers also includes individuals of compulsory attendance age who are not enrolled in any school and lack exemption status.
Section 25.091(b-1) empowers peace officers with probable cause to believe a child is violating compulsory attendance law (§25.085) to take the child into custody to return them to their school campus.
Before any truancy court referral under §25.091, attendance officers must implement truancy prevention measures adopted by the district under §25.0915. Referrals are permissible only if these prevention measures fail to effectively address the student’s conduct. Each referral must specify if the student is eligible for or receives special education services and include a school statement certifying the application and failure of truancy prevention measures.
Truancy Prevention Measures
School districts are legally required to adopt truancy prevention measures (§25.0915). If a student accumulates three or more unexcused absences within a four-week period, or ten or more within a six-month period, truancy prevention measures must be initiated. If absences are due to pregnancy, foster care involvement, homelessness, or being a primary family income earner, districts must offer additional counseling and cannot refer the student to truancy court. Truancy prevention facilitators or juvenile case managers are to be employed by districts to implement these measures. Annual meetings between facilitators and truancy court case managers are mandated to discuss effective prevention strategies.
Districts and charter schools must inform parents of attendance requirements at the start of each school year and provide additional notice after a specified number of unexcused absences (§25.095). It is important to note that tardiness generally does not count as absences for compulsory attendance enforcement.
Judicial Enforcement of Attendance
Section 25.0951(a) and (b) offers two avenues for enforcing compulsory attendance.
Truant conduct judicial processes are governed by Chapter 65 of the Texas Family Code. Truant conduct applies to students aged 12 to 18. Districts can refer students alleged to be truant to a designated truancy court (§65.004, Texas Family Code). Courts are mandated to dismiss petitions if district referrals fail to meet certain criteria, including statements on truancy prevention measures and special education eligibility.
Referrals for ten or more unexcused absences within six months must be made within ten school days from the tenth absence (§25.0951(a)). Untimely referrals must be dismissed unless delays are due to successful truancy prevention measures in the student’s best interest.
Section 25.093 addresses “contributing to nonattendance,” an offense committed by a parent. Actions under this section can be filed in justice precinct courts, municipal courts, or constitutional county courts in counties with populations of 1.75 million or more. Fines collected under §25.093 are partially deposited to the credit of the student’s school district, charter school, or JJAEP.
Excused absences by school officials or courts, and involuntary absences for students, serve as affirmative defenses for both parents and students. These defenses are applicable if they reduce the remaining unexcused absences below the threshold for offense or truant conduct.
Attendance Enforcement for 19+ Individuals
For individuals aged 19 or older who voluntarily enroll, §25.085(e) mandates daily attendance for the entire duration of their enrolled program. While not enforceable under §25.093 or Chapter 65, Texas Family Code, exceeding five unexcused absences in a semester can lead to enrollment revocation for the remainder of the school year, subject to certain conditions.
Districts must issue a warning letter after the third unexcused absence, indicating potential enrollment revocation after five unexcused absences in a semester. Revocation cannot occur on a day the student is present at school (§25.085(e)). This revocation authority does not supersede the district’s obligation to provide FAPE to students eligible for special education services. Revoked students are considered dropouts for accountability purposes. Behavior improvement plans (§25.0915(a-1)(1)) are an alternative to revocation.
School district boards can adopt policies under §25.085(f) requiring individuals under 21 to attend school until the school year’s end, though §65.003(a), Texas Family Code, does not apply in these cases.
Excused Absences Defined
Section 25.087 pertains to excused absences. Subsection (a) permits excusal for “temporary absence resulting from any cause acceptable to the teacher, principal, or superintendent.” These excused absences are not counted towards truancy referrals or complaints.
Under §25.087(b)(1), districts must excuse absences for: religious holy days, required court appearances, governmental office visits for US citizenship paperwork, US naturalization oath ceremonies, election clerk service, or activities required by a service plan under Subchapter B, Chapter 263, Texas Family Code, or court-ordered activities under Chapter 262 or 263, Texas Family Code, for children in DFPS conservatorship. Court-ordered activity absences for children in DFPS conservatorship must be excused if scheduling outside school hours is impractical. Excused absence periods include travel time.
Section 25.087(b)(2) mandates excusing temporary absences for healthcare appointments for the student or their child, provided the student attends school on the appointment day, before or after. For students with autism spectrum disorder, §25.087(b-3) includes absences for appointments with healthcare practitioners for generally recognized autism spectrum disorder services.
Districts may adopt policies (§25.087(b-1)) to excuse absences for student early voting clerk service, limited to two days per year including election clerk service under §25.087(b)(1).
Junior and senior students may be excused for up to two days annually to visit accredited higher education institutions (§25.087(b-2)), subject to district policies and verification procedures.
Absences for visiting active duty military parents, stepparents, or legal guardians on leave from or returning from deployment of at least four months are also excused (§25.087(b-4)), for up to five days per school year, within a specified timeframe around deployment.
New §25.087(b-5) mandates excusing students aged 17+ to pursue enlistment in the US Armed Services or Texas National Guard, for up to four days during high school enrollment, with verification procedures required.
Districts may excuse students in grades 6-12 for sounding “Taps” at military honors funerals for deceased veterans (§25.087(c)).
Students with absences excused under §25.087(b)-(c) cannot be penalized and must be given reasonable time to complete missed work. Successful completion of missed work for these excused absences allows the student to be included in average daily attendance for that day. Absences excused for reasons outside §25.087(b)–(c) generally do not count towards average daily attendance, except under specific provisions of 19 T.A.C. §129.21(j) or (k).
II. Attendance Requirements for Course Credit
Section 25.092, often termed “the 90 percent rule,” affects students in grades K-12. While not directly applicable to open-enrollment charter schools, some charters incorporate it.
Course credit or final grades are contingent on attending at least 90% of class days (§25.092). Students attending 75-90% of class days may still earn credit or a final grade by completing a principal-approved plan to meet course requirements. Court-involved students require presiding judge consent for such plans. Boards of trustees must establish attendance committees to review petitions from students denied credit via principal plans. These committees can award credit or grades due to extenuating circumstances and must set alternative methods for students to regain credit lost due to absences.
Districts can develop flexible make-up work or credit recovery options (§25.092), without mandated “Saturday school” time directly mirroring missed class time. Options should accommodate challenging situations like late-year excessive absences. This law is not intended to penalize students for absences before enrolling in a class. New enrollees, including migrant and transfer students, should not have pre-enrollment class days counted against them for the “90 percent rule.” To receive credit, students enrolling after a term starts must demonstrate academic achievement and subject matter proficiency as per §28.021 and 19 T.A.C. §74.26.
Districts offering educational programs outside regular hours for make-up work under §25.092 can charge fees (§11.158(a)(15) and (h)), capped at $50, and only if parental consent forms confirm no financial hardship. Crucially, districts must provide at least one fee-free alternative for make-up work or credit recovery, with substantially similar availability to fee-based programs (§25.092(b) and (f)).
III. Admission Entitlements and Requirements
Section 25.001 is relevant to open-enrollment charter schools for residency requirement determinations within their geographical boundaries. Prekindergarten eligibility standards also apply to charter schools. (Refer to separate charter administrator letters for detailed admission, enrollment, and withdrawal information.)
Age-Based Admission
Districts can include Texas resident students meeting Student Attendance Accounting Handbook eligibility criteria in average daily attendance, unless they are high school graduates. Eligible students must be at least five years old by September 1st, or meet §42.003(d) requirements for under-five admissions (if district policy allows), or be at least three and eligible for prekindergarten. Generally, students must be under 21 on September 1st and not high school graduates, or 21-25 and admitted to complete diploma requirements.
Special education service eligible individuals under 22 on September 1st, and not high school graduates, are eligible for enrollment and funding until year-end or graduation, whichever comes first. Special education graduates meeting age eligibility may receive resumed services if their ARD committee deems it necessary. However, specific graduation types outlined in 19 T.A.C. §89.1070(b)(1), (b)(2)(D), (g)(1), (g)(2), or (g)(4)(D) disqualify students from further special education services and Foundation School Program benefits.
Residency and Status for Enrollment
Age-eligible students are entitled to admission if they meet any of the criteria in §25.001(b), (f), (g), or (g-1). Most criteria require district residency. Most students are entitled to enrollment in at least one district regardless of living arrangements. Exceptions under §25.001(d) are limited to minors living in a different district from parents/legal guardians (see §25.001(b)(4) below). Immigration status is not a permissible basis for denying admission (Plyler v. Doe, 1982).
Parent and Student in District
Section 25.001(b)(1) grants admission if both student and at least one parent reside in the district, even if not at the same address.
Parent Only in District
Section 25.001(b)(2) allows admission for students residing in Texas but outside the district if a parent resides in the district and is a joint managing, sole managing, or possessory conservator, as defined by court order under Title 5 of the Texas Family Code. This applies primarily in divorce or parent-child relationship suits and temporary orders also qualify.
Student and Guardian/Legal Control in District
Section 25.001(b)(3) entitles students to admission if they and a court-ordered guardian or person with lawful control reside in the district, even at different addresses. This applies when a court places a child with a person or facility in the district, or if DFPS or Texas Juvenile Justice Department places a child in the district by court order. Such court orders supersede §25.001(d) exclusions.
Student Only in District
Section 25.001(b)(4), via §25.001(d), permits students under 18 to establish residency for school attendance separate from parents/legal guardians, unless the primary purpose is extracurricular participation. Districts can deny admission under §25.001(b)(4) and (d) if the student has:
- Engaged in conduct leading to DAEP removal or expulsion in the past year.
- Engaged in delinquent conduct or conduct needing supervision and is on probation.
- Been convicted of a criminal offense and is on probation.
These exclusions are specific to students living apart from parents/legal guardians and do not apply to students eligible under other §25.001 provisions, including homeless students.
Proof of Residency
Under §25.001(d), boards of trustees determine residency for admission and can adopt “reasonable guidelines” to protect student interests. These guidelines should facilitate residency verification, not redefine legal residency. Basic residency criteria are living in the district with the intent to remain. Indicators like driver’s licenses, leases, or utility bills can expedite verification but are not conclusive. Living in a household leased or owned by non-family members might indicate homelessness, qualifying for admission under §25.001(b)(5).
Homeless Students
Section 25.001(b)(5) grants admission to “homeless” individuals as defined by 42 U.S.C. §11302, “regardless of residence.” Homeless students are entitled to admission in any Texas district. TEA advises using both 42 U.S.C. §11302 and §11434a definitions for “homeless children and youths.” Federal law prohibits segregating homeless students, barring “shelter schools” except temporarily for health/safety emergencies or unique supplementary services.
42 U.S.C. §11302(a) defines homelessness broadly, including those lacking fixed, regular nighttime residence, living in places not meant for habitation, shelters, or facing imminent housing loss with no subsequent residence or support.
42 U.S.C. §11434a further clarifies “homeless children and youths” to include those sharing housing due to hardship, living in temporary accommodations like motels or shelters, abandoned in hospitals, or living in cars, parks, or substandard housing. Migratory children in these circumstances also qualify.
Homeless students can attend their “school of origin” (school attended when permanently housed or last enrolled). When transitioning grade levels, “school of origin” includes designated feeder schools. Eligibility for other district schools is locally determined. Students becoming permanently housed during the year can remain in their school of origin for the rest of the school year.
Foreign Exchange Students
Section 25.001(b)(6) entitles foreign exchange students placed with district host families by nationally recognized programs to admission, unless a commissioner-granted waiver exists under §25.001(e). Waivers require admission to cause financial/staffing hardship, diminish educational quality for domestic students, or create resource competition. Waivers are limited to three years. J-1 visa holders are tuition-exempt. F-1 visa tuition information is in Part V.
Students in Residential Facilities
Section 25.001(b)(7) grants admission to students residing in district residential facilities. “Residential facility” (§5.001(8)) includes state/political subdivision operated facilities providing 24-hour care for those under 23 for detention, treatment, foster care, or non-educational purposes, and entities contracted/funded/regulated by state/political subdivisions for such care.
Residential facilities must notify the district of placements of individuals aged 3+ within three days (§29.012). This notice provision aims to improve educational service coordination for these children. New §29.012(f) and (g) mandate residential facilities (excluding juvenile secure detention/correctional facilities) to provide specified information to districts or charter schools educating placed students.
Adult Students
Section 25.001(b)(8) grants admission to district residents over 18 or under 18 but emancipated through marriage or legal means.
Grandparent in District
Section 25.001(b)(9) allows admission for Texas resident students living outside the district if a grandparent in the district provides significant after-school care, as determined by the local board.
Foster Care and Admission
Section 25.001(f) and (g) provides special provisions for children in foster care. Subsection (f) ensures tuition-free admission in the foster parents’ district and prohibits durational residency requirements for school activities. Subsections (g) and (g-1) allows students in DFPS conservatorship to continue attending their pre-conservatorship school or any school they enroll in during conservatorship, tuition-free, until completing the highest grade offered, regardless of residence or conservatorship duration.
Prekindergarten Admission
Section 29.153 sets prekindergarten eligibility for 3- and 4-year-olds. Eligible children are those who:
- Cannot speak and comprehend English.
- Are educationally disadvantaged (free/reduced lunch eligible).
- Are homeless.
- Are children/stepchildren of active duty military members.
- Are children/stepchildren of military members injured or killed in active duty.
- Are or were in DFPS conservatorship post-adversary hearing (§262.201, Texas Family Code).
- Are children of Star of Texas Award recipients (peace officers, firefighters, emergency medical first responders).
Districts must offer prekindergarten if 15+ eligible 4-year-olds are identified and may offer it for 15+ eligible 3-year-olds. Tuition is prohibited for prekindergarten except as per §29.1531 (additional prekindergarten services; see Part V).
Admission Appeal Process
District decisions denying admission violating state school laws can be appealed to the commissioner of education under §7.057(a). The commissioner reviews district-level records to assess substantial evidence supporting the decision.
Students Aged 21-25
Section 25.001(b-1) gives districts discretion to admit students aged 21-25 to complete high school diploma requirements. These older students cannot be placed in DAEPs or JJAEPs. Conduct warranting such placement for younger students results in admission revocation.
Students admitted under §25.001(b-1) who haven’t attended school in the prior three years cannot be placed with students 18 or younger in classrooms, cafeterias, or school activities, but can attend public school events.
Older students admitted under §25.001(b-1) are eligible for Foundation School Program funding (§42.003(a)(1)). However, students with disabilities are ineligible for federal/state special education programs/funding unless under 22 on September 1st. Students with disabilities aging out of special education must meet regular graduation requirements, even if IEP requirements were different. They generally qualify for §504, but this doesn’t modify graduation requirements or provide extra funding. Disability, prior special education, or §504 status cannot be bases for admission denial.
Inter-district Transfers
Districts can accept transfer students not entitled to enrollment under §25.001 (§25.036). Transfers are for one school year and tuition may be charged as per §25.038.
Address Confidentiality Program (ACP)
The ACP, mandated by Subchapter C, Chapter 56, Texas Code of Criminal Procedure, and detailed in 1 T.A.C. Chapter 61, Subchapter K, serves victims of family violence, trafficking, sexual assault/abuse, or stalking. It maintains victim confidentiality using a substitute address and mail-forwarding. A substitute legal address (P.O. Box) is issued and agencies must accept it in lieu of actual address upon presentation of a participation card. The substitute address does not indicate the participant’s actual location.
IV. Enrollment Records Requirements
These regulations apply to both open-enrollment charter schools and school districts, ensuring consistent record-keeping practices.
Required Enrollment Records
Section 25.002 mandates specific records for enrollment: 1) birth certificate or identity proof, 2) records from the most recently attended school, and 3) immunization records. These are the only statutorily required documents. While student social security numbers are used for the Public Education Information Management System (PEIMS), districts/charters assign state-approved alternative IDs if SSNs are not provided.
Prior districts must promptly provide records needed for student placement and education, including §504 or IDEA special education records, within ten working days of request (§25.002). This applies to record transfers to/from public schools, charter schools, and JJAEPs.
Districts and charter schools must participate in electronic record transfer via the Texas Records Exchange (TREx). More information is at http://tea.texas.gov/index4.aspx?id=25769817556.
Records from parents/legal guardians must be provided within 30 days of enrollment. This 30-day provision also applies to children taken into DFPS possession under Chapter 262, Texas Family Code. Districts must enroll children without §25.002 records initially, with DFPS required to furnish records within 30 days.
Districts/charter schools cannot prevent students from attending school while awaiting transcripts or records from previous schools. Failure to provide identification or school records under §25.002 is not grounds for denying admission to eligible students. However, if identifying records are not provided within 30 days, districts must notify law enforcement to determine if the student is reported missing (§25.002(c)), regardless of age. If a student enrolls under a different name than on identifying documents, the missing children and missing person’s information clearinghouse must be notified (§25.002(b)). This notice is confidential. Students must be enrolled under their legal surname (§25.0021).
For homeless students, federal law mandates immediate enrollment even without standard enrollment records.
Absence of Parent or Guardian During Enrollment
While §25.002(f) previously required districts to notify the Department of Protective and Regulatory Services (now DFPS) if someone other than a parent/guardian enrolled a child, this requirement was removed. Districts now must determine appropriate communication channels themselves, as DFPS is no longer a default. The absence of a parent, guardian, or legal custodian is not grounds to refuse admission to which a child is entitled under §25.001.
Regardless of who enrolls the child, §25.002(f) (amended in 2001) requires districts to record the name, address, and date of birth of the enrolling person.
Immunization Records
Subject to §38.001(c) exceptions and other laws, students must be fully immunized against certain diseases. Provisional admission is allowed if immunizations have begun and are being pursued as rapidly as medically feasible (§38.001). Students not fully immunized and not in the process of immunization cannot attend school, except as per §38.001(c).
Districts with websites must prominently post lists of required and recommended immunizations in English and Spanish, along with local health clinic information and a link to the DSHS website for immunization exemption information (§38.019). This information is at www.dshs.state.tx.us/immunize/school/default.shtm.
Legal Surname Usage
Section 25.0021 mandates using a student’s legal surname as it appears on their birth certificate, identity proof, or court-ordered name change documents in public school records.
Texas Code of Criminal Procedure School Records Requirements (Primary Schools, Under 11)
Chapter 63 of the Texas Code of Criminal Procedure outlines additional record requirements for primary schools (children under 11) related to the missing children and missing person information clearinghouse.
Initial Enrollment Procedure (Under 11)
When a child under 11 initially enrolls in primary school, schools must:
- Request names of all prior schools attended.
- Request records from prior schools or verify student details (name, address, birth date, grades, dates attended) if provided by the enrolling person.
- Inform the enrolling person that a certified birth certificate or identity proof with a signed statement explaining any inability to produce a birth certificate is required within 30 days (90 days if born outside the US).
- Notify law enforcement if valid prior school information or documentation is not provided by the 31st day. Failure to provide records does not justify denying admission to an eligible student.
Records of Children Identified as Missing
When a law enforcement agency reports a missing child under 11, they or the clearinghouse will notify all primary schools the child has attended. Upon notification, schools must:
- Flag the child’s records.
- For in-person record requests: (a) require requestor to complete a form with personal details and child’s information; (b) obtain a copy of requestor’s photo ID if possible; and (c) notify law enforcement/clearinghouse with requestor details and ID copy.
- For written requests, notify law enforcement/clearinghouse and send a copy of the request.
- Do not disclose to the requestor that the request concerns a missing child.
- After notifying law enforcement, mail a copy of the requested record to the requestor on or after the 21st day after the request.
Flag Removal
Upon a missing child’s return, law enforcement/clearinghouse will notify all primary schools attended. Schools must then remove the flag from records. Schools believing a missing child has been recovered can request confirmation from law enforcement/clearinghouse. If no response is received after 45 days, the school may remove the flag and notify law enforcement/clearinghouse of removal.
Relationship to FERPA
Schools must consider FERPA (Family Educational Rights and Privacy Act) limitations before releasing records. Texas Code of Criminal Procedure provisions do not override FERPA restrictions. FERPA generally prohibits disclosing educational records without parental/student consent (if 18+), unless exceptions apply. If the requestor is not the parent/guardian/student (18+), law enforcement should still be notified, but records should only be released if consent is obtained or a FERPA exception applies. Regardless of record release, schools cannot disclose to any requestor (including parents/students) that the request concerns a missing child.
Relationship to Public Information Act
Article 63.021(c) of the Texas Code of Criminal Procedure mandates a 21-day waiting period before mailing flagged records. However, the Public Information Act requires officers to certify inability to produce information within 10 business days and set a reasonable date for availability (§552.221(d), Texas Government Code). Therefore, districts should notify requestors within 10 business days that records will be mailed on or after the 21st day post-request.
V. Tuition Guidelines
Prekindergarten Tuition
Free prekindergarten eligibility is defined by §29.153. Districts and charter schools can offer additional half-day prekindergarten (tuition-based or district-funded) for eligible children or offer tuition-based prekindergarten for ineligible children (§29.1531).
Tuition rates for prekindergarten programs require commissioner approval and cannot exceed the added program costs, including data collection and reporting expenses (§29.1532(c)).
F-1 Visa and Other Tuition Requirements
Section 25.0031 authorizes districts/charter schools to charge tuition (full unsubsidized per capita cost) to students required to pay for their education as a condition of obtaining/holding a US student visa. Tuition amounts must adhere to commissioner guidelines unless a higher amount is approved for accurate cost computation. These tuition-paying students are not counted for state funding allocation. This applies to secondary school students with F-1 visas. Federal law allows F-1 status for public secondary school study up to 12 months if the school is reimbursed for the full unsubsidized per capita cost. F-1 visas are not permitted for public elementary or publicly-funded adult education programs.
Other Tuition Scenarios
Beyond prekindergarten and specific visas, open-enrollment charter schools cannot charge tuition (§12.108). School districts can only charge tuition if explicitly authorized by statute or the constitution. Tuition authorization statutes include §§25.001(h) (ineligible child enrolled with false information), 25.003 (certain out-of-state children), 25.038 (transfer students), 25.039 (out-of-district education contracts), 25.041 (children of state school employees), and 25.042 (children of Texas Juvenile Justice Department employees).
This summary is intended to assist in preparation for the 2017-2018 school year. For questions about these statutes, contact the Office of Legal Services at (512) 463-9720 or [email protected].
Sincerely,
Von Byer General Counsel Texas Education Agency
Disclaimer: This document is a summary for informational purposes and should not be considered legal advice. Consult the full text of the Texas Education Code and other relevant statutes for complete legal guidance. Districts of Innovation should adjust these guidelines based on their specific innovation plans.
Footnotes: (Footnotes from the original document are retained for reference and accuracy. Please refer to the original PDF for full context.)
4 See Judicial Enforcement page 4.
5 The exemptions do not relieve a school district from its responsibility to provide a free appropriate public education to a child with a disability. §25.086(b).
6 A county with a population greater than 125,000 is not required to have a JJAEP if its population was 125,000 or less according to the 2000 federal census and the county enters into the memoranda of understanding required under §37.011(a-1).
7 Under §37.011(a-2), a county with a population greater than 125,000 is not required to have a JJAEP if the county has a population of 180,000 or less; is adjacent to two counties, each of which has a population of more than 1.7 million; and has seven or more school districts located wholly within the county’s boundaries. This exception is currently applicable to Ellis County.
8 Under §37.011(a-3), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if the county has a population of more than 200,000 and less than 220,000; has five or more school districts located wholly within the county’s boundaries; and has located in the county a juvenile justice alternative education program that, on May 1, 2011, served fewer than 15 students. The district must provide education services to expelled students as provided by §§37.011(a-4) and (a-5). This exception is currently applicable to Smith County.
9 Section 12.111(a)(5)(A).
10 34 C.F.R. §300.530(d).
11 As of the date of this letter, there are three providers of high school equivalency testing in Texas. High school equivalency information is available at http://tea.texas.gov/GED.html
12 A list of courts designated as truancy courts is found in §65.004, Texas Family Code.
13 For the elements of “truant conduct,” see §65. 003, Texas Family Code.
14 This issue is addressed further in an Administrator Addressed letter dated November 13, 2001. The letter can be found at http://ritter.tea.state.tx.us/taa/legal011113.html. The analysis in the letter applied to enforcement provisions in §25.094 and in §51.03, Texas Family Code, prior to the effect of H.B. 2398, applies to §65.003, Texas Family Code, as enacted in H.B. 2398, (Acts of the 84th Legislature, Regular Session, 2015).
15 Additional statutes regarding delivery of a child to school by a law enforcement officer or a person authorized to take a child into custody include §§52.01(e), 52.02(a)(7), and 52.026(a), Texas Family Code.
16 In addition to the truancy prevention measures required in every district under §25.0915, certain counties are required under §25.0916, as amended by H.B. 2398, supra, to have a uniform truancy policy that establishes certain uniform policies and procedures for truancy cases in the county.
17 For requirements related to a district’s truancy prevention measures see §25.0915(a-1) as added by H.B. 2398 (2015), supra, and Title 19 of the Texas Administrative Code, Section 129.1043. The Texas Administrative Code (T.A.C.) is available at http://ritter.tea.state.tx.us/rules/tac/index.html.
18 See letter referenced in footnote 15 and Op. Tex. Att’y Gen. No. DM-200 (1993). oag.state.tx.us/opinions/opinions/48morales/op/1993/pdf/dm0200.pdf
19 Section 65.002(a)(1) and 65.003, Texas Family Code.
20 Section 25.0915(c).
21 Sections 25.0915(c)(3) and 25.0915(d).
22 For purposes of §25.093, “parent” is defined to include “a person standing in parental relation.”
23 Op. Tex. Att’y Gen. No. GA-0701 (2009). oag.state.tx.us/opinions/opinions/50abbott/op/2009/pdf/ga0701.pdf
24 Sections 25.093(h), and §65.003(c), Texas Family Code.
25 Section 65.003(c), Texas Family Code.
26 Section 25.085(g).
27 Section 25.085(e).
28 Section 25.085(h).
29 Section 25.085(f).
30 As discussed in Part II of this letter, excused absences are counted in determining whether a student is in compliance with the attendance requirements for class credit, but local policies under §25.092 regarding the award of class credit may take into account whether an absence is excused. See Also Texas Attorney General Opinion No. JC-0398 (2001).
31 For student attendance accounting for state funding, the number of excused days for travel under §25.087(b)(1) is limited to not more than one day to and one day from the site of the applicable event. 19 T.A.C. §129.21(j)(3).
32 See §1355.015(b), Texas Insurance Code, for a description of “health care practitioner.”
33 Under §25.087(b-3), “generally recognized service” includes applied behavioral analysis, speech therapy, and occupational therapy.
34 For absences under §§25.087(b)(2) and (b-3) of students with disabilities, further information is available in the Texas Education Agency (TEA) guidance document regarding temporary absences at http://tea.texas.gov/www.tea.state.ts.us/SPED_State_Guidance.aspx.
35 Under Chapter 162, The Interstate Compact on Educational Opportunity for Military Children, “uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard, as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.
36 See also Chapter 162,
37 S.B.1152, Acts of the 85th Legislature, Regular Session, 2017. All bills cited in this letter are available at http://www.capitol.state.tx.us. The bills cited are currently in effect unless otherwise noted.
38 New §25.087(b-6), S.B. 1152, Id.
39 Under §25.092(a-2), §25.092(a) does not apply to a student who receives credit by examination for a class under §28.023.
40 Lee v. Tarkington I.S.D., 167-R5-293 (Commissioner Education. 1993).
41 See Section 3.2 of the Student Attendance Accounting Handbook (SAAH) at http://tea.texas.gov/index2.aspx?id=25769817607.
42 A student who has received a high school equivalency certificate, or who has been court ordered to obtain a high school equivalency certificate, is still eligible to enroll to complete the requirements for a high school diploma if the student chooses; provided all other eligibility requirements are met. See Section 3.3.10 of the SAAH.
43 A joint letter issued by the U.S. Department of Justice and the U.S. Department of Education advises public schools to refrain from inquiring into students’ citizenship or immigration status or that of their parents or guardians. The letter and additional information are available at http://www.justice.gov/crt/about/edu/documents/plyler.php. Also, a U.S. Department of Education fact sheet regarding educational services for immigrant children, including recently arrived unaccompanied children, is available at http://www2.ed.gov/policy/rights/guid/unaccompanied-children.pdf.
44 Section 25.001(d).
45 Id.
46 Id.
47 See also §25.001(c) (board may require evidence of residency, may establish minimum proof of residency, and may make reasonable inquiries to verify eligibility for admission).
48 For additional information regarding homeless students, pleases refer to the homeless education webpage at http://tea.texas.gov/index4.aspx?id=2147503685 and the Texas Homeless Education Office website at http://www.utdanacenter.org/theo .
49 42 U.S.C. §§11432(e)(3)(A) and 11433(a)(2)(B).
50 Due to the amendment of §11302(a), currently the correct cross-reference is §11302(a)(2).
51 Eligibility to enroll in a Texas Virtual School Network (TxVSN) course or Online School (OLS) is determined under state law. See Section 12 of the Student Attendance Accounting Handbook at http://tea.texas.gov/index2.aspx?id=25769817607.
52 For additional information regarding foreign exchange waivers, please refer to the Foreign Exchange Guidelines and FAQ
53 F For students in foster care, see additional information on page 15.
54 Section 29.012 does not apply to a residential treatment facility for juveniles established under §221.056, Texas Human Resources Code.
55 H,B, 1569, Acts of the 85th Legislature, Regular Session, 2017.
56 Under §33.904, each school district and open-enrollment charter school is required to appoint at least one employee as a liaison officer to facilitate the enrollment in or transfer to a public school of a child in the district who is in the conservatorship of the state. Information for liaison officers is available at http://www.tea.state.tx.us/FosterCareStudentSuccess.
57 These provisions are similar to requirements included in the federal Every Student Succeeds Act of 2015 (ESSA), effective on December 10, 2016. Federal guidance on the ESSA foster care provisions is available at http://www2.ed.gov/policy/elsec/leg/essa/edhhsfostercarenonregulatorguide.pdf.
58 “Educationally disadvantaged” means “eligible to participate in the national free or reduced price lunch program”. See §5.001(4).
59 As defined in 42 U.S.C. §11434a (2). See discussion of §25.001(b)(5) above.
60 Additional information regarding prekindergarten eligibility is available on the TEA Early Childhood Education webpage and in the Prekindergarten section of the Student Attendance Accounting Handbook
61 Added by H.B.357, Acts of the 85th Legislature, Regular Session, 2017; applicable beginning with the 2017-2018 school year.
62 Information regarding the high-quality prekindergarten grant program is available at http://tea.texas.gov/Academics/Early_Childhood_Education/High-Quality_P…
63 Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794.
64 Child v. Skidmore-Tynan Independent School District, 026-R5-1110 (Comm’r Educ. 2013).
65 Information regarding the ACP is available on the website of the Office of Attorney General at https://www.texasattorneygeneral.gov/cvs/the-address-confidentiality-pr…
66 On enrollment, a school district is required to request food allergy information under §25.0022, but provision of the information is not required for enrollment.
67 In addition, §25.007(b)(1) provides that the school records of students who are homeless or who are in foster care must be provided not later than the 10th working day after the date the student begins enrollment at a new school.
68 The requirements of §25.002 apply regardless of whether the student has unreturned instructional materials or technological equipment. Under §31.104(d), a school district has discretion to withhold the records of a student if the student has not returned or paid for instructional materials or technological equipment. This discretionary authority does not exempt a school district from the mandatory provision in §25.002 to send records to another public school in which the student is enrolling. In situations in which there is not a conflicting mandate, the district may implement the discretionary authority under §31.104(d). For definitions of “instructional materials” and “technical equipment,” see §31.002.
69 The statute refers to the Department of Protective and Regulatory Services, which is the predecessor to DFPS.
70 If the child was previously enrolled in a Texas public school, the school is required to forward records through TREx in the same manner as for any other student within the same time period of 10 working days.
71 19. T.A.C. §74.26(a)(1).
72 42 U.S.C. §11432(g)(3)(C)(i).
73 The department’s name has changed to Department of Family and Protective Services.
74 Certain close relatives who are not a child’s legal guardian may have express authority to enroll a child in school pursuant to an authorization agreement under Chapter 34, Texas Family Code. The form required for this purpose is State of Texas Form 2638 available on the DFPS website at http://www.dfps.state.tx.us/Site_Map/forms.asp.
75 For further information regarding immunization requirements, immunization exemptions, and immunization documentation, please contact the Department of State Health Services. Information about immunization and the department’s Immunization Branch is available at http://[www.dshs.state.tx.us/immunize/default.shtm](http://www.dshs.state.tx.us/immunize/default.shtm).
76 If a school district has documentation that a certified birth certificate was provided when a student initially enrolled in the district, the original may be returned to the person enrolling the child. Also, it is not necessary for the birth certificate to be provided again in the event the student transfers to another school in the same district.
77 20 U.S.C. §1232g and 34 C.F.R. Part 99.
78 A FERPA exception, found in 34 C.F.R. §99.31(a)(2), permits disclosure to another school in which the student is enrolling, which is required by §25.002.
79 Article 63.021(d), Texas Code of Criminal Procedure.
80 Section 552.221(d), Texas Government Code.
81 Additional information regarding tuition for prekindergarten is available on the TEA Early Childhood Education webpage and in the Prekindergarten section of the Student Attendance Accounting Handbook
82 The data is described in §29.1532(c)..
83 For purposes of student attendance accounting codes, the appropriate code for the student is “ineligible full-day” or “ineligible half-day,” depending on the student’s schedule. See Section 3 of the Student Attendance Accounting Handbook, which is available at http://tea.texas.gov/index2.aspx?id=25769817607.
84 A school district or open-enrollment charter school may not provide a signature on an I-20 certificate of eligibility for a student seeking a F-1 visa unless the student is paying the tuition authorized under §25.0031.
85 8 U.S.C. §1184(m).
86 Section 12.108.
87 The maximum tuition under this section is affected by 19 T.A.C. §61.1012.
