Regular school attendance is essential for the student to make the most of his or her education, to benefit from teacher-led and school activities, to build each day’s learning on the previous day, and to grow as an individual. Absences from class may result in serious disruption of a student’s mastery of the instructional materials; therefore, the student and parent should make every effort to avoid unnecessary absences. 

Compulsory Attendance

State compulsory attendance laws generally require all children who have reached age six on or before September 1, and have not reached age 19, to attend school each day school is in session. A student who is younger than six and has never been enrolled in the first grade is not required to attend each school day until the end of the school year. In addition, if a student is 19 or older and has more than five unexcused absences in a semester, the district may revoke the student’s enrollment. The student’s presence on school property would be unauthorized and may be considered trespassing.

School employees must investigate and report violations of the state compulsory attendance laws. A student absent without permission from any class will be considered in violation of the compulsory attendance law and subject to disciplinary action.

A court of law may also impose penalties against both the student and his or her parents if a school-age child is deliberately not attending school. A complaint against the parent and/or the student may be filed in court if the student:

• Is absent from school on ten or more days, or parts of days, within a six-month period in the same school year, or
• If younger than 12 years of age, the student’s parent could be charged with a criminal offense based on the student’s failure to attend school.
• Is age 12 through age 18 and violates the compulsory attendance law.

Birdville ISD - Secondary Student Handbook - Attendance - Compulsory Attendance

Birdville ISD - Elementary Student Handbook - Attendance - Compulsory Attendance

We are required by Texas Law to send you this letter and to warn you of the consequences of additional unexcused absences.

Please remember that every absence matters.  You are key to improving your student’s attendance.  Please contact your campus assistant principal so we can work together and help you to ensure your student’s success.

In compliance with the Texas Compulsory Attendance Law (TEC 25.085) this letter is sent to advise you that according to school attendance records, your student has accumulated at least three unexcused absences. Birdville ISD is required by law (TEC 25.095) to inform you that it is your duty as a parent to monitor your student’s school attendance and require the student to attend school.  

If we are unable to resolve the situation regarding your student’s attendance, Truancy Prevention Measures (TPM) will be implemented as required by law.

The Texas Education Code clearly states that if your student is absent for ten or more days or parts of days in a six-month period:

1. The District shall have implemented Truancy Prevention Measures under section 25.0915
2. The student’s parent/guardian is subject to prosecution under Section 25.093; and
3. The student is subject to referral to truancy court under Section 25.095.

In compliance with the Texas Compulsory Attendance Law (TEC 25.085) this letter is sent to advise you that according to school attendance records, your student has accumulated at least six unexcused absences.  Birdville ISD is required by law (TEC 25.095) to inform you that it is your duty as a parent to monitor your student’s school attendance and require the student to attend school.  

In order to assist you with this situation, please contact the district’s attendance officer for your campus to discuss this matter or schedule a conference.  During this conversation, we can discuss why your child has not been in regular attendance, review any documentation providing acceptable circumstances for your student’s absences, and hopefully, resolve the situation.  Due to the large number of unexcused absences parent notes are no longer acceptable. If you believe that these unexcused absences are incorrect, please contact the campus attendance office. In order for your student's absences to be excused, you must provide original Doctor’s notes, Court appearance excuses, or the equivalent.  If those documents are not provided the absence will be considered unexcused.  If we are unable to come to a resolution, the attendance officer will continue implementing Truancy Prevention Measures (TPM) as required by law.

The Texas Education Code clearly states that if your student is absent for ten or more days or parts of days in a six-month period:

1. The District shall have implemented Truancy Prevention Measures under section 25.0915
2. The student’s parent/guardian is subject to prosecution under Section 25.093; and
3. The student is subject to referral to truancy court under Section 25.095.

In compliance with the Texas Compulsory Attendance Law (TEC 25.085) this letter was sent to advise you that according to school attendance records, your student has accumulated at least ten unexcused absences.  Birdville ISD is required by law (TEC 25.095) to inform you that it is your duty to monitor the student’s school attendance and require the student to attend school.  

In order to assist you with this situation, please contact the district’s attendance officer who worked with you to develop the Truancy Prevention Measures for your student. During this conversation, we can discuss why your child has not been in regular attendance, review any documentation providing acceptable circumstances for your student’s absences, and hopefully, resolve the situation.  Due to the large number of unexcused absences parent notes are no longer acceptable.  If you believe that these unexcused absences are incorrect, please contact the campus attendance office.  In order for your child’s absences to be excused, you must provide original Doctor’s notes, Court appearance excuses, or the equivalent.  If those documents are not provided the absence will be considered unexcused.  If we are unable to come to a resolution it will be determined that the Truancy Prevention Measures that were put into place by the campus have failed to meaningfully address your student’s conduct and therefore, it is likely that you or your child will be referred to the appropriate city Truancy Court.

The Texas Education Code clearly states that if your student is absent for ten or more days or parts of days in a six-month period:

1. The District shall have implemented Truancy Prevention Measures under section 25.0915 
2. The student’s parent/guardian is subject to prosecution under Section 25.093; and
3. The student is subject to referral to truancy court under Section 25.095.

This letter is to provide you an official notification in accordance with the Texas Education Code of your student's failure to attend school and/or to comply with the Texas Compulsory Attendance laws.

A student shall be excused for a temporary absence resulting for a health care appointment/autism spectrum disorder, if that student commences classes or returns to school on the same day of the appointment. A student whose absence is excused under this subsection will not be penalized for that absence, and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under this subsection shall be allowed a reasonable time to make up schoolwork missed on those days. If the student satisfactorily completes the schoolwork, the day of absence shall be counted as a day of compulsory attendance. The student must provide a signed and dated note from the doctor confirming the appointment was met.

Birdville ISD Student Handbook - Attendance Concerning Absences Due to Health Care

A student is allowed a total of two (2) days during their junior or senior year to visit/inspect colleges. These visits will be considered excused absences if the student brings back documentation of attendance from the college.

Note: Absences for college visits will count toward the total days absent and against perfect attendance when determining exemptions.

Birdville ISD - Secondary Handbook - College Days

Parents of students who have accumulated more absences than allowed for credit may present a written appeal for extenuating circumstances to the campus attendance review committee. The attendance review committee will determine whether there are extenuating circumstances for the absences and how the student might regain credit.

In determining whether there are extenuating circumstances for the absences, the attendance committee will use the following guidelines:

• All absences will be considered in determining whether a student has attended the required percentage of days. If makeup work is completed, absences for religious holy days and healthcare appointments will be considered days of attendance for this purpose.
• A transfer or migrant student begins to accumulate absences only after he or she has enrolled in the district. For a student transferring into the district after school begins, including a migrant student, only those absences after enrollment will be considered.
• In reaching a decision about a student’s absences, the committee will attempt to ensure that it is in the best interest of the student.
• The committee will consider the acceptability and authenticity of documented reasons for the student’s absences.
• The committee will consider whether the absences were for reasons over which the student or the student’s parent could exercise any control.
• The committee will consider the extent to which the student has completed all assignments mastered the essential knowledge and skill, and maintained passing grades in the course of study.
• The student or parent will be given an opportunity to present any information to the committee about the absences and to talk about ways to earn or regain credit.

The student or parent may appeal the committee’s decision by filing a written request to the Superintendent or his designee.

The following absences may be submitted for consideration regarding extenuating circumstances:

• An excused absence based on personal sickness or death in the family.
• Days of suspension.
• Participation in court proceedings or child abuse/neglect investigation.
• A migrant student’s late enrollment or early withdrawal.
• Days missed as a documented runaway.
• Completion of a competency-based program for at-risk students.
• Late enrollment or early withdrawal of a student under Texas Youth Commission.
• Teen-parent absences to care for his or her child.
• Participation in a substance abuse rehabilitation program.
• Homelessness, as defined in federal law.
• An extracurricular activity or public performance, subject to approval by the District’s Administration.
• Required screening, diagnosis, and treatment for Medicaid-eligible students.
• Family emergency or unforeseen or unavoidable instance requiring immediate attention.
• Approved college visitation.
• A documented health care appointment – if the student begins classes or returns to school on the same day as the appointment.
• A juvenile court proceeding documented by a probation officer.
• An absence required by state or local welfare authorities.
• Observing religious holy days (including travel for that purpose – up to two days) when it is a tenet of their faith.
• Appearing at a governmental office to complete paperwork required to obtain U. S. citizenship and taking part in a U. S. naturalization oath ceremony.
• Temporary absences for health-care appointments include absences for a student with autism spectrum disorder attending an appointment with a health-care practitioner to receive services for autism.
• Serving as an election clerk.
• Appearing at governmental office or attending the ceremony for U S. Citizenship or Oath of Office.

The deadline for making an extenuating circumstances appeal is the last day of the school year for middle school students and the last day of each nine weeks for high school students. If the attendance committee finds there are no extenuating circumstances for the absence or if the student does not meet the conditions set by the committee to earn or regain credit, the student will not receive credit for the class.

The District provides these alternatives for a student to make up work or regain credit lost because of absences.

• Complete original or additional assignments, as specified by the committee.
• Attend make up time sessions (before or after school, weekend, or Saturday school).
• Maintain the attendance standards for the rest of the semester.
• Upon recommendation of the attendance committee, a student with excessive absences shall be permitted to earn or regain course credit through credit by examination.

It is the committee’s prerogative to prescribe any option or combination of options in order for students to receive credit. Regardless of options selected and completed, students must earn a passing grade in order to receive credit.

Birdville ISD - Secondary Student Handbook - Attendance for Credit

To receive credit in a class, a student must attend at least 90 percent of the days the class is offered. A student who attends class at least 75 percent but fewer than 90 percent of the days class is offered may receive credit if he or she completes a plan approved by the principal to meet the instructional requirements of the class. If the student does not complete the plan, or has less than 75 percent attendance, then he or she will be referred to an attendance review committee to determine whether there are extenuating circumstances and how the student can regain credit lost due to nonattendance.

Birdville ISD Student Handbook - Attendance for Credit

According to the Texas Education Code Sec. 25.0915:

TRUANCY PREVENTION MEASURES

(a) A school district shall adopt truancy prevention measures designed to:

(1) address student conduct related to truancy in the school setting before the student engages in conduct described by Section 65.003(a), Family Code; and

(2) minimize the need for referrals to truancy court for conduct described by Section 65.003(a), Family Code.

(a-1) As a truancy prevention measure under Subsection (a), a school district shall take one or more of the following actions:

(1) impose:

(A) a behavior improvement plan on the student that must be signed by an employee of the school, that the school district has made a good faith effort to have signed by the student and the student's parent or guardian, and that includes:

(i) a specific description of the behavior that is required or prohibited for the student;

(ii) the period for which the plan will be effective, not to exceed 45 school days after the date the contract becomes effective; or

(iii) the penalties for additional absences, including additional disciplinary action or the referral of the student to a truancy court; or

(B) school-based community service; or

(2) refer the student to counseling, mediation, mentoring, a teen court program, community-based services, or other in-school or out-of-school services aimed at addressing the student's truancy.

(a-2) A referral made under Subsection (a-1)(2) may include participation by the child's parent or guardian if necessary.

(a-3) A school district shall offer additional counseling to a student and may not refer the student to truancy court if the school determines that the student's truancy is the result of:

(1) pregnancy;

(2) being in the state foster program;

(3) homelessness; or

(4) being the principal income earner for the student's family.

(a-4) If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Section 25.0951(a), the school district shall initiate truancy prevention measures under this section on the student.

(b) Each referral to truancy court for conduct described by Section 65.003(a), Family Code, must:

(1) be accompanied by a statement from the student's school certifying that:

(A) the school applied the truancy prevention measures adopted under Subsection (a) or (a-4) to the student; and

(B) the truancy prevention measures failed to meaningfully address the student's school attendance; and

(2) specify whether the student is eligible for or receives special education services under Subchapter A, Chapter 29.

(c) A truancy court shall dismiss a petition filed by a truant conduct prosecutor under Section 65.054, Family Code, if the court determines that the school district's referral:

(1) does not comply with Subsection (b);

(2) does not satisfy the elements required for truant conduct;

(3) is not timely filed, unless the school district delayed the referral under Section 25.0951(d); or

(4) is otherwise substantively defective.

(d) Except as provided by Subsection (e), a school district shall employ a truancy prevention facilitator or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus. At least annually, the truancy prevention facilitator shall meet to discuss effective truancy prevention measures with a case manager or other individual designated by a truancy court to provide services to students of the school district in truancy cases.

(e) Instead of employing a truancy prevention facilitator, a school district may designate an existing district employee or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus.

(f) The agency shall adopt rules:

(1) creating minimum standards for truancy prevention measures adopted by a school district under this section; and

(2) establishing a set of best practices for truancy prevention measures.

(g) The agency shall adopt rules to provide for sanctions for a school district found to be not in compliance with this section.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 10, eff. September 1, 2011.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 8, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 2, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 9, eff. September 1, 2015.

The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 699, 87th Legislature, Regular Session, for amendments affecting the following section.

A student absent from school without an excuse for ten (10) or more days or parts of days within a six-month period in the same school year or on three (3) or more days or parts of days within a four-week period is considered truant and in violation of compulsory attendance laws. The parent is subject to prosecution (TEC, Sec. 24.0939) if the student fails to comply with attendance laws. The student is subject to prosecution (TEC, Sec. 24.094) or referral to juvenile court is he/she fails to attend school as required by law.

Anytime a student is late to school, leaves school and returns, or leaves school early for a doctor's appointment, a note is required upon return of the student for that absence to be an excused absence. Any absence not cleared withint three days will be come an unexcussed absence.

Birdville ISD - Student Hanbook - Attendance Procedures

Students who have unexcused absences shall be permitted to make up their work if a grade for the assignment was to be given. Grades for make-up work for an unexcused absence will be adjusted downward no less than 10 points and no more than 20 points.

Birdville ISD - Student Handbook - Attendance Procedures

Texas Education Code:

Sec. 25.087. EXCUSED ABSENCES.

1. A person required to attend school, including a person required to attend school under Section 25.085(e), may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or superintendent of the school in which the person is enrolled.
2. A school district shall excuse a student from attending school for:

(1) the following purposes, including travel for those purposes:

(A) observing religious holy days;

(B) attending a required court appearance;

(C) appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship;

(D) taking part in a United States naturalization oath ceremony;

(E) serving as an election clerk; or

(F) if the student is in the conservatorship of the Department of Family and Protective Services, participating, as determined and documented by the department, in an activity:

(i) ordered by a court under Chapter 262 or 263, Family Code, provided that it is not practicable to schedule the participation outside of school hours; or

(ii) required under a service plan under Subchapter B, Chapter 263, Family Code; or

(2) a temporary absence resulting from an appointment with health care professionals for the student or the student's child if the student commences classes or returns to school on the same day of the appointment.

(b-1) A school district may adopt a policy excusing a student from attending school for service as a student early voting clerk in an election.

(b-2) A school district may excuse a student from attending school to visit an institution of higher education accredited by a generally recognized accrediting organization during the student's junior and senior years of high school for the purpose of determining the student's interest in attending the institution of higher education, provided that:

(1) the district may not excuse for this purpose more than two days during the student's junior year and two days during the student's senior year; and

(2) the district adopts:

(A) a policy to determine when an absence will be excused for this purpose; and

(B) a procedure to verify the student's visit at the institution of higher education.

(b-3) A temporary absence for purposes of Subsection (b)(2) includes the temporary absence of a student diagnosed with autism spectrum disorder on the day of the student's appointment with a health care practitioner, as described by Section 1355.015(b), Insurance Code, to receive a generally recognized service for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy.

(b-4) A school district shall excuse a student whose parent, stepparent, or legal guardian is an active duty member of the uniformed services as defined by Section 162.002 and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or guardian regularly resides, to visit with the student's parent, stepparent, or guardian. A school district may not excuse a student under this subsection more than five days in a school year. An excused absence under this subsection must be taken:

(1) not earlier than the 60th day before the date of deployment; or

(2) not later than the 30th day after the date of return from deployment.

(b-5) A school district shall excuse a student who is 17 years of age or older from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard, provided that:

(1) the district may not excuse for this purpose more than four days of school during the period the student is enrolled in high school; and

(2) the district verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard.

(b-6) Each school district shall adopt procedures to verify a student's activities as described by Subsection (b-5).

(c) A school district may excuse a student in grades 6 through 12 for the purpose of sounding "Taps" at a military honors funeral held in this state for a deceased veteran.

(d) A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) may not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance.

(e) A school district may excuse a student for the purposes provided by Subsections (b)(1)(E) and (b-1) for a maximum of two days in a school year.

Texas law does not allow a student to be absent from school for vacation during the school year on instructional days. Vacations need to be taken during school breaks (see official BISD Calendar).

According to the Texas Education Code Section 25.091 - Powers and Duties of Peace Officers and Other Attendance Officers.

An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements:

(1) to investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer;

(2) to enforce compulsory school attendance requirements by:

(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and

(B) if the truancy prevention measures fail to meaningfully address the student's conduct:

(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; and

(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;

(3) to monitor school attendance compliance by each student investigated by the officer;

(4) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;

(5) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence; and

(6) at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements.

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