Contact Us:
Joe Bishop
Associate Principal/Attendance Admin
210-398-1100
joe.bishop@nisd.net
Texas Attendance Requirements:
TRUANCY UNDER THE TEXAS EDUCATION CODE
Absent an exemption, such as attendance at a private school or homeschool, Texas law requires students aged 6-19 to attend school each day that instruction is provided. Compulsory attendance also applies to students younger than six who have previously been enrolled in first grade and to students below the age of six who are voluntarily enrolled in pre-kindergarten or kindergarten. For students over the age of 19, student truancy may result in revocation of enrollment in certain circumstances. Tex. Educ. Code §§ 25.085-.086.
School districts are required to notify parents of attendance requirements at the beginning of the school year. This notice must state that the parent may be subject to prosecution, and the student may be referred to truancy court if the student is absent for 10 or more days or parts of days within a six-month period. Tex. Educ. Code § 25.095.
If a student has unexcused absences on three days or parts of days within a four-week period, the district must send a warning notice to inform the parent that the student is subject to truancy prevention measures. Generally, tardies are not considered absences. Unexcused absences do not include absences that are excused by state law and local school district policy. Tex. Educ. Code §§ 25.086-.087, .095; Tex. Educ. Agency, To the Administrator Addressed Letter Re: Attendance, (Aug. 18, 2017).
PARENT LIABILITY
Districts have the option of filing a complaint for criminal prosecution of a parent for contributing to a student’s failure to attend school if the parent fails to require the student to attend school on 10 or more parts of days within a six-month period. A complaint against a student’s parent can be made in the county, justice, or municipal court if the district provides evidence and meets the statute’s other requirements. The offense of contributing to a student’s failure to attend school is a misdemeanor, punishable by a fine. It is an affirmative defense to prosecution that one or more of the absences were excused by a school official or should be excused by the court. Tex. Educ. Code § 25.093.
STUDENT REFERRAL TO COURT
When TPMs fail to solve the problem, referral to a truancy court that can impose civil (not criminal) consequences is still an option for students between the ages of 12 and 18, unless the failure to attend school is the result of pregnancy, being in the foster care program, homelessness, or being the principal income earner for the student’s family. A referral for 10 or more unexcused absences within six months must be made within 10 school days from the date of the student’s tenth absence. A district may delay the referral if the truancy prevention measures are succeeding and the delay is in the student’s best interest. Tex. Educ. Code §§ 25.0915, .0951.
When a district refers a student to truancy court, the district must provide a statement documenting that TPMs were applied but failed and specifying whether the student is eligible for or receives special education. The law requires a truancy court to dismiss a referral that fails to comply with the statutory requirements. In addition, it is an affirmative defense to an allegation of truancy that one or more of the absences should have been excused by the school or court or that the absence was involuntary. As such, documentation of the actions taken by the district is more important than ever. Tex. Educ. Code § 25.0915; Tex. Fam. Code § 65.003.
Click the button below to submit your child's absence note.
To request a Home Access Center (HAC) account or reset password please go to nisd.net/help/hac or scan the QR Code:
The Home Access Center (HAC) allows parents to access grades and attendance information. Your username is your email address and your password is the temporary password you received by email. You will be required to change it the first time you log in.
Frequently Asked Questions
F.A.Q.
Q. What is a POD (Parts of Day Absence)?
A. “Parts of Days” may be defined as one or more missed periods throughout the day. If a student consistently misses any part of the school day, including, but not limited to, coming in late or leaving early, a district attendance warning letter may be sent to parents cautioning them of possible court action if the parts of day absences continue.
Q. What does the Compulsory Attendance Law say?
A. State law requires children to attend school each day that instruction is provided. The law applies to children ages 6–19.
Q. What should I do if my child is absent?
A. Students who have been absent must present a written excuse from the parent/guardian within three (3) school days from the day the student returns to school. All absences require a doctor’s note and/or a parent’s written note. You can send a note with your student, turn in a note yourself, email a note to the campus clerk, or submit the note through the online Google form.
Q. If I sign my student out of school, do I still need to send a note?
A. Yes, signing your student out does not count as a note. The parent or guardian will need to provide a doctor’s note or parent note when the student returns to school.
Q. Is a phone call to the school enough to excuse my student?
A. No, your student must turn in a note within 3 days of returning to school.
Q. Will my child need a doctor’s note every time they are absent due to illness?
A. A student absent for three or more consecutive days because of personal illness may be asked to provide a statement from a doctor or health clinic verifying the illness or condition that caused the student’s extended absence from school. Otherwise, the student’s absence may be considered unexcused.
Should the student develop a questionable pattern of absences (5 or more parent notes in a grading period), the principal or attendance review committee may require a statement from a doctor or health clinic verifying the illness or condition that caused the student’s absence from school in order to determine whether the absence or absences will be excused or unexcused.
Q. Why did the campus mark my child’s absence as unexcused even though I turned in a note and/or called to let the campus know my child would be absent?
A. The reasons could include the following:
The parent absence note was not turned in to the attendance clerk within 3 school days after the student’s return to school after an illness.
The student’s absence was due to a reason not considered excused by State guidelines and/or District policy.
Due to excessive absences, the student’s absence may have required a doctor’s note to be excused, resulting in a violation of the 90% Rule.
You may have called the school to inform them your student would be absent, but if you did not follow up by turning in a doctor's or parent's note, the absence cannot be excused.
If you still have questions or believe there is an error in your child’s attendance record, please contact the campus attendance office.
Q. What should I do if I believe my child’s attendance is not accurate?
A. Discuss the concern with your child and verify this information with your child’s teacher. If these steps do not resolve your concern, contact the attendance clerk at your child’s school.
Q. Will my child be able to make up for missed school work?
A. In accordance with our grading guidelines policy, all students will be given the opportunity to make up work missed due to absences.
Q. When is a student considered truant?
A. A student engages in truant conduct if the student is required to attend school under Texas Education Code 25.085 and fails to do so.
If a student fails to attend school without an excuse on 10 or more days or parts of days within a six-month period in the same school year and those absences have been verified by the campus as unexcused, the student and/or their parent may be referred to truancy court.
Q. Why did I receive a letter about attendance and truancy?
A. If you receive a letter from your student’s school, it is because attendance records reflect that the student has absences without an excuse on three (or more) days or parts of days in a four-week period. This is also when the campus will implement Truancy Prevention Measures for the student.
The warning letter AND Truancy prevention measures (TPM) are required by law to assist students and parents and to prevent schools from filing with the court for compulsory attendance.
Q. What are Truancy Prevention Measures (TPM)?
A. Truancy prevention measures (TPM) are meaningful interventions implemented by a campus to help identify the cause of a student's unexcused absences and identify actions to address each cause. The TPMs should include ongoing communication with the student and parents regarding the actions to be taken to improve attendance and avoid court filings. TPMs include but are not limited to: Parent and or Student Conference, Attendance Contracts, Mandatory Student Tutorials, Student Detentions, Attendance Improvement Plans, Referrals to Administration, Counselor, or Truancy Officer, Saturday School, In-School Suspension, and Home Visits.
Q. What happens when the TPMs do not improve my child’s attendance?
A. When Truancy Prevention Measures fail to solve the attendance problem, referral to a truancy court becomes an option. If a student fails to attend school on 10 or more days or parts of days within a six-month period in the same school year and those absences have been verified by the campus as unexcused, students 12 and older may be referred to the prosecutor of the truancy court of Bexar County. At this point, the campus may also file a criminal complaint against parents who contribute to the nonattendance of their child, regardless of the age of their child.
Q. What is the 90% Rule?
A. According to Texas state law and Board policy, a student is required to be in attendance at least 90% of the days school or classes are offered. If a student misses more than 10% or approximately 18 days of school, they must make up class time, or they will not earn credit for class or a final grade. If the class is a semester-long, the number is reduced to, on average, 8 days of missed school.
Q. I do not have access to the Home Access Center to view my child’s attendance. Who do I contact?
A. Please contact your child’s campus and ask to speak to the Attendance Secretary.
Q. My child has a recurring appointment. Can I turn in a blanket note to excuse the absences?
A. No, please turn a note in each time your child has an appointment, even if it is a recurring appointment. The campus needs verification from the medical professional that your child was at the appointment.
