CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE E. STUDENTS AND PARENTS
CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE
SUBCHAPTER A. ADMISSION AND ENROLLMENT
Sec. 25.001. ADMISSION. (a) A person who, on the first day of
September of any school year, is at least five years of age and
under 21 years of age, or is at least 21 years of age and under
26 years of age and is admitted by a school district to complete
the requirements for a high school diploma is entitled to the
benefits of the available school fund for that year. Any other
person enrolled in a prekindergarten class under Section 29.153
is entitled to the benefits of the available school fund.
(b) The board of trustees of a school district or its designee
shall admit into the public schools of the district free of
tuition a person who is over five and younger than 21 years of
age on the first day of September of the school year in which
admission is sought, and may admit a person who is at least 21
years of age and under 26 years of age for the purpose of
completing the requirements for a high school diploma, if:
(1) the person and either parent of the person reside in the
school district;
(2) the person does not reside in the school district but a
parent of the person resides in the school district and that
parent is a joint managing conservator or the sole managing
conservator or possessory conservator of the person;
(3) the person and the person's guardian or other person having
lawful control of the person under a court order reside within
the school district;
(4) the person has established a separate residence under
Subsection (d);
(5) the person is homeless, as defined by 42 U.S.C. Section
11302, regardless of the residence of the person, of either
parent of the person, or of the person's guardian or other person
having lawful control of the person;
(6) the person is a foreign exchange student placed with a host
family that resides in the school district by a nationally
recognized foreign exchange program, unless the school district
has applied for and been granted a waiver by the commissioner
under Subsection (e);
(7) the person resides at a residential facility located in the
district;
(8) the person resides in the school district and is 18 years of
age or older or the person's disabilities of minority have been
removed; or
(9) the person does not reside in the school district but the
grandparent of the person:
(A) resides in the school district; and
(B) provides a substantial amount of after-school care for the
person as determined by the board.
(b-1) A person who is 21 years of age or older and is admitted
by a school district for the purpose stated in Subsection (b) is
not eligible for placement in a disciplinary alternative
education program or a juvenile justice alternative education
program if the person engages in conduct that would require or
authorize such placement for a student under the age of 21. If
the student engages in conduct that would otherwise require such
placement, the district shall revoke admission of the student
into the public schools of the district.
(b-2) A person who is 21 years of age or older who is admitted
by a school district to complete the requirements for a high
school diploma and who has not attended school in the three
preceding school years may not be placed with a student who is 18
years of age or younger in a classroom setting, a cafeteria, or
another district-sanctioned school activity. Nothing in this
subsection prevents a student described by this subsection from
attending a school-sponsored event that is open to the public as
a member of the public.
(c) The board of trustees of a school district or the board's
designee may require evidence that a person is eligible to attend
the public schools of the district at the time the board or its
designee considers an application for admission of the person.
The board of trustees or its designee shall establish minimum
proof of residency acceptable to the district. The board of
trustees or its designee may make reasonable inquiries to verify
a person's eligibility for admission.
(d) For a person under the age of 18 years to establish a
residence for the purpose of attending the public schools
separate and apart from the person's parent, guardian, or other
person having lawful control of the person under a court order,
it must be established that the person's presence in the school
district is not for the primary purpose of participation in
extracurricular activities. The board of trustees shall determine
whether an applicant for admission is a resident of the school
district for purposes of attending the public schools and may
adopt reasonable guidelines for making a determination as
necessary to protect the best interests of students. The board of
trustees is not required to admit a person under this subsection
if the person:
(1) has engaged in conduct or misbehavior within the preceding
year that has resulted in:
(A) removal to a disciplinary alternative education program; or
(B) expulsion;
(2) has engaged in delinquent conduct or conduct in need of
supervision and is on probation or other conditional release for
that conduct; or
(3) has been convicted of a criminal offense and is on probation
or other conditional release.
(e) A school district may request that the commissioner waive
the requirement that the district admit a foreign exchange
student who meets the conditions of Subsection (b)(5). The
commissioner shall respond to a district's request not later than
the 60th day after the date of receipt of the request. The
commissioner shall grant the request and issue a waiver effective
for a period not to exceed three years if the commissioner
determines that admission of a foreign exchange student would:
(1) create a financial or staffing hardship for the district;
(2) diminish the district's ability to provide high quality
educational services for the district's domestic students; or
(3) require domestic students to compete with foreign exchange
students for educational resources.
(f) A child placed in foster care by an agency of the state or
by a political subdivision shall be permitted to attend the
public schools in the district in which the foster parents reside
free of any charge to the foster parents or the agency. A
durational residence requirement may not be used to prohibit that
child from fully participating in any activity sponsored by the
school district.
(g) A student enrolled in high school in grade 9, 10, 11, or 12
who is placed in temporary foster care by the Texas Department of
Human Services at a residence outside the attendance area for the
school or outside the school district is entitled to complete
high school at the school in which the student was enrolled at
the time of placement without payment of tuition.
(h) In addition to the penalty provided by Section 37.10, Penal
Code, a person who knowingly falsifies information on a form
required for enrollment of a student in a school district is
liable to the district if the student is not eligible for
enrollment in the district but is enrolled on the basis of the
false information. The person is liable, for the period during
which the ineligible student is enrolled, for the greater of:
(1) the maximum tuition fee the district may charge under
Section 25.038; or
(2) the amount the district has budgeted for each student as
maintenance and operating expenses.
(i) A school district may include on an enrollment form notice
of the penalties provided by Section 37.10, Penal Code, and of
the liability provided by Subsection (h) for falsifying
information on the form.
(j) For the purposes of this subchapter, the board of trustees
of a school district by policy may allow a person showing
evidence of legal responsibility for a child other than an order
of a court to substitute for a guardian or other person having
lawful control of the child under an order of a court.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 1, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.08, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 2, eff. June
20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
164, Sec. 2, eff. May 27, 2005.
Acts 2005, 79th Leg., Ch.
920, Sec. 1, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch.
850, Sec. 1, eff. June 15, 2007.
Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For purposes
of Section 25.001, a person is not considered to reside in a
school district if:
(1) the person is incarcerated in a private juvenile detention
facility in the district as a result of the order of a court in
another state; and
(2) the person resided in another state or country immediately
before incarceration in the facility.
(b) A school district may provide educational services to a
person described by Subsection (a) if the district is fully
compensated for the cost of the services through payment of
tuition for the person by the operator of the juvenile detention
facility or other person having lawful control of the person in
an amount equal to the actual cost of educating the person.
(c) For purposes of this section, "private juvenile detention
facility" means a juvenile detention facility that is not
operated by a governmental entity.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 30, eff. Sept. 1,
1999.
Sec. 25.002. REQUIREMENTS FOR ENROLLMENT. (a) If a parent or
other person with legal control of a child under a court order
enrolls the child in a public school, the parent or other person
or the school district in which the child most recently attended
school shall furnish to the school district:
(1) the child's birth certificate or another document suitable
as proof of the child's identity;
(2) a copy of the child's records from the school the child most
recently attended if the child has been previously enrolled in a
school in this state or another state; and
(3) a record showing that the child has the immunizations as
required under Section 38.001, in the case of a child required
under that section to be immunized, proof as required by that
section showing that the child is not required to be immunized,
or proof that the child is entitled to provisional admission
under that section and under rules adopted under that section.
(a-1) Information a school district furnishes under Subsections
(a)(1) and (2) must be furnished by the district not later than
the 10th working day after the date a request for the information
is received by the district. Information a parent or other
person with legal control of a child under a court order
furnishes under Subsections (a)(1) and (2) must be furnished by
the parent or other person not later than the 30th day after the
date a child is enrolled in a public school. If a parent or
other person with legal control of a child under a court order
requests that a district transfer a child's student records, the
district to which the request is made shall notify the parent or
other person as soon as practicable that the parent or other
person may request and receive an unofficial copy of the records
for delivery in person to a school in another district.
(b) If a child is enrolled under a name other than the child's
name as it appears in the identifying document or records, the
school district shall notify the missing children and missing
persons information clearinghouse of the child's name as shown on
the identifying document or records and the name under which the
child is enrolled. The information in the notice is confidential
and may be released only to a law enforcement agency.
(c) If the information required by Subsection (a) is not
furnished to the district within the period provided by that
subsection, the district shall notify the police department of
the municipality or sheriff's department of the county in which
the district is located and request a determination of whether
the child has been reported as missing.
(d) When accepting a child for enrollment, the school district
shall inform the parent or other person enrolling the child that
presenting a false document or false records under this section
is an offense under Section 37.10, Penal Code, and that
enrollment of the child under false documents subjects the person
to liability for tuition or costs under Section 25.001(h).
(e) A person commits an offense if the person enrolls a child in
a public school and fails to furnish an identifying document or
record relating to the child on the request of a law enforcement
agency conducting an investigation in response to a notification
under Subsection (c). An offense under this subsection is a Class
B misdemeanor.
(f) Except as otherwise provided by this subsection, for a child
to be enrolled in a public school, the child must be enrolled by
the child's parent or by the child's guardian or other person
with legal control of the child under a court order. A school
district shall record the name, address, and date of birth of the
person enrolling a child.
(g) A school district shall accept a child for enrollment in a
public school without the documentation required by Subsection
(a) if the Department of Protective and Regulatory Services has
taken possession of the child under Chapter 262, Family Code. The
Department of Protective and Regulatory Services shall ensure
that the documentation required by Subsection (a) is furnished to
the school district not later than the 30th day after the date
the child is enrolled in the school.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 34, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1514, Sec. 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 234, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
164, Sec. 3, eff. May 27, 2005.
Sec. 25.0021. USE OF LEGAL SURNAME. In each public school a
student must be identified by the student's legal surname as that
name appears:
(1) on the student's birth certificate or other document
suitable as proof of the student's identity; or
(2) in a court order changing the student's name.
Added by Acts 2001, 77th Leg., ch. 1300, Sec. 1, eff. Sept. 1,
2001.
Sec. 25.003. TUITION FOR CERTAIN CHILDREN FROM OTHER STATES.
(a) Notwithstanding any other provision of this code, a school
district shall charge tuition for a child who resides at a
residential facility and whose maintenance expenses are paid in
whole or in part by another state or the United States.
(b) A tuition charge under this section must be submitted to the
commissioner for approval.
(c) The attendance of the child is not counted for purposes of
allocating state funds to the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.09, eff.
Sept. 1, 1999.
Sec. 25.004. TUITION FOR CERTAIN MILITARY DEPENDENTS PROHIBITED.
A school district may not charge tuition for the attendance of a
student who is domiciled in another state and resides in military
housing that is located in the district but is exempt from
taxation by the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 526, Sec. 1, eff.
Sept. 11, 2001.
Sec. 25.005. RECIPROCITY AGREEMENTS REGARDING MILITARY PERSONNEL
AND DEPENDENTS. (a) To facilitate the transfer of military
personnel and their dependents to and from the public schools of
this state, the agency shall pursue reciprocity agreements
governing the terms of those transfers with other states that are
not parties to the Interstate Compact on Educational Opportunity
for Military Children adopted under Chapter 162.
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records;
(B) awarding credit for completed course work; and
(C) permitting a student to satisfy the requirements of Section
39.025 through successful performance on comparable end-of-course
or other exit-level assessment instruments administered in
another state; and
(2) include appropriate criteria developed by the agency.
Added by Acts 2001, 77th Leg., ch. 1073, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 149, Sec. 24, eff. May
27, 2003; Acts 2003, 78th Leg., ch. 445, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1312, Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
8, Sec. 2, eff. May 5, 2009.
Sec. 25.006. TRANSITION ASSISTANCE FOR MILITARY DEPENDENTS. (a)
The legislature finds that:
(1) school-age dependents of military personnel are faced with
numerous transitions during their formative years; and
(2) military dependents who move from one school to another
during the high school years are faced with special challenges to
learning and future achievement.
(b) In recognition of the challenges faced by military
dependents and the importance of military families to our
community and economy, the agency shall assist the transition of
military students from one school to another by:
(1) improving the timely transfer of student records;
(2) developing systems to ease student transition during the
first two weeks of enrollment at a new school;
(3) promoting practices that foster student access to
extracurricular programs;
(4) establishing procedures to lessen the adverse impact of
student moves to a new school after the end of the student's
junior year of high school;
(5) encouraging or maintaining partnerships between military
bases and affected school districts;
(6) encouraging school districts to provide services for
military students in transition when applying for admission to
postsecondary study and when seeking sources of funding for
postsecondary study; and
(7) providing other assistance as identified by the agency.
Added by Acts 2005, 79th Leg., Ch.
164, Sec. 1, eff. May 27, 2005.
Sec. 25.007. TRANSITION ASSISTANCE FOR STUDENTS IN SUBSTITUTE
CARE. (a) The legislature finds that:
(1) students in substitute care are faced with numerous
transitions during their formative years; and
(2) students in substitute care who move from one school to
another are faced with special challenges to learning and future
achievement.
(b) In recognition of the challenges faced by students in
substitute care, the agency shall assist the transition of
substitute care students from one school to another by:
(1) ensuring that school records for a student in substitute
care are transferred to the student's new school not later than
the 14th day after the date the student begins enrollment at the
school;
(2) developing systems to ease transition of a student in
substitute care during the first two weeks of enrollment at a new
school;
(3) developing procedures for awarding credit for course work,
including electives, completed by a student in substitute care
while enrolled at another school;
(4) promoting practices that facilitate access by a student in
substitute care to extracurricular programs, summer programs,
credit transfer services, electronic courses provided under
Chapter 30A, and after-school tutoring programs at nominal or no
cost;
(5) establishing procedures to lessen the adverse impact of the
movement of a student in substitute care to a new school;
(6) entering into a memorandum of understanding with the
Department of Family and Protective Services regarding the
exchange of information as appropriate to facilitate the
transition of students in substitute care from one school to
another;
(7) encouraging school districts and open-enrollment charter
schools to provide services for a student in substitute care in
transition when applying for admission to postsecondary study and
when seeking sources of funding for postsecondary study;
(8) requiring school districts, campuses, and open-enrollment
charter schools to accept a referral for special education
services made for a student in substitute care by a school
previously attended by the student; and
(9) providing other assistance as identified by the agency.
Added by Acts 2009, 81st Leg., R.S., Ch.
850, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. ASSIGNMENTS AND TRANSFERS
Sec. 25.031. ASSIGNMENTS AND TRANSFERS IN DISCRETION OF
GOVERNING BOARD. In conformity with this subchapter, the board
of trustees of a school district or the board of county school
trustees or a school employee designated by the board may assign
and transfer any student from one school facility or classroom to
another within its jurisdiction.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.032. BASIS FOR ASSIGNMENT OR TRANSFER. The board of
trustees of a school district, the board of county school
trustees, or the person acting for the board must make the
decision concerning the assignment or transfer of a student on an
individual basis and may not consider as a factor in its decision
any matter relating to the national origin of the student or the
student's ancestral language.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT. The
parent or person standing in parental relation to any student may
by petition in writing either:
(1) request the assignment or transfer of the student to a
designated school or to a school to be designated by the board;
or
(2) file objections to the assignment of the student to the
school to which the student has been assigned.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.034. HEARING; ACTION ON PETITION; APPEAL. (a) On
receiving a petition under Section 25.033, the board of trustees
of the school district or the board of county school trustees
shall:
(1) if a hearing is not requested, act on the petition not later
than the 30th day after the date the petition is submitted and
notify the petitioner of the board's conclusion; or
(2) if a hearing is requested, designate a time and place for
holding a hearing not later than the 30th day after the date the
petition is submitted.
(b) If a hearing is requested, it shall be conducted by the
board in compliance with this section.
(c) The petitioner may present evidence relevant to the
individual student.
(d) The board may conduct investigations as to the objection or
request, examine any student involved, and employ agents,
professional or otherwise, for the purpose of examinations and
investigations.
(e) The board must grant the request made in the petition unless
the board determines that there is a reasonable basis for denying
the request. The decision of the board, either with or without
hearing, is final unless the student, or the parent, guardian, or
custodian of the student as next friend, files exception to the
decision of the board as constituting a denial of any right of
the student guaranteed under the United States Constitution.
(f) If an exception is filed under Subsection (e), the board may
reconsider its decision. If the board has not ruled on the
exception before the 16th day after the date of the filing, the
exception is considered overruled. If the exception is overruled,
an appeal of the board's decision may be filed in the district
court of the county in which the board is located. The petition
must:
(1) be filed not later than the 30th day after the date of the
board's final decision; and
(2) state the facts relevant to the student that relate to the
alleged denial of the student's rights under the United States
Constitution.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.0341. TRANSFER OF STUDENTS INVOLVED IN SEXUAL ASSAULT.
(a) This section applies only to:
(1) a student:
(A) who has been convicted of continuous sexual abuse of young
child or children under Section 21.02, Penal Code, or convicted
of or placed on deferred adjudication for the offense of sexual
assault under Section 22.011, Penal Code, or aggravated sexual
assault under Section 22.021, Penal Code, committed against
another student who, at the time the offense occurred, was
assigned to the same campus as the student convicted or placed on
deferred adjudication;
(B) who has been adjudicated under Section 54.03, Family Code,
as having engaged in conduct described by Paragraph (A);
(C) whose prosecution under Section 53.03, Family Code, for
engaging in conduct described by Paragraph (A) has been deferred;
or
(D) who has been placed on probation under Section 54.04(d)(1),
Family Code, for engaging in conduct described by Paragraph (A);
and
(2) a student who is the victim of conduct described by
Subdivision (1)(A).
(b) On the request of a parent or other person with authority to
act on behalf of a student who is a victim to whom Subsection
(a)(2) applies:
(1) the board of trustees of the school district shall transfer
the student to:
(A) a district campus other than:
(i) the campus to which the student was assigned at the time the
conduct occurred; or
(ii) the campus to which the student who engaged in the conduct
is assigned, if the student who engaged in the conduct has been
assigned to a different campus since the conduct occurred; or
(B) a neighboring school district, if there is only one campus
in the district serving the grade level in which the student is
enrolled; or
(2) if the student does not wish to transfer to another campus
or district, the board of trustees shall transfer the student who
engaged in the conduct to:
(A) a district campus other than the campus to which the student
who is the victim of the conduct is assigned; or
(B) the district's disciplinary alternative education program or
juvenile justice alternative education program, if there is only
one campus in the district serving the grade level in which the
student who engaged in the conduct is enrolled.
(c) A transfer under Subsection (b)(1) must be to a campus or
school district, as applicable, agreeable to the parent or other
person with authority to act on the student's behalf.
(d) To the extent permitted under federal law, a school district
shall notify the parent or other person with authority to act on
behalf of a student who is a victim to whom Subsection (a)(2)
applies of the campus or program to which the student who engaged
in conduct described by Subsection (a)(1)(A) is assigned.
(e) This section applies regardless of whether the conduct
occurred on or off of school property.
(f) Section 25.034 does not apply to a transfer under this
section.
(g) A school district is not required to provide transportation
to a student who transfers to another campus or school district
under this section.
Added by Acts 2005, 79th Leg., Ch.
997, Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.25, eff. September 1, 2007.
Sec. 25.0342. TRANSFER OF VICTIMS OF BULLYING. (a) In this
section, "bullying" means engaging in written or verbal
expression or physical conduct that a school district board of
trustees or the board's designee determines:
(1) will have the effect of physically harming a student,
damaging a student's property, or placing a student in reasonable
fear of harm to the student's person or of damage to the
student's property; or
(2) is sufficiently severe, persistent, or pervasive enough that
the action or threat creates an intimidating, threatening, or
abusive educational environment for a student.
(b) On the request of a parent or other person with authority to
act on behalf of a student who is a victim of bullying, the board
of trustees of a school district or the board's designee shall
transfer the victim to:
(1) another classroom at the campus to which the victim was
assigned at the time the bullying occurred; or
(2) a campus in the school district other than the campus to
which the victim was assigned at the time the bullying occurred.
(c) The board of trustees or the board's designee shall verify
that a student has been a victim of bullying before transferring
the student under this section.
(d) The board of trustees or the board's designee may consider
past student behavior when identifying a bully.
(e) The determination by the board of trustees or the board's
designee is final and may not be appealed.
(f) A school district is not required to provide transportation
to a student who transfers to another campus under Subsection
(b)(2).
(g) Section 25.034 does not apply to a transfer under this
section.
Added by Acts 2005, 79th Leg., Ch.
920, Sec. 2, eff. June 18, 2005.
Renumbered from Education Code, Section 25.0341 by Acts 2007,
80th Leg., R.S., Ch.
921, Sec. 17.001(12), eff. September 1, 2007.
Sec. 25.0343. TRANSFER OF STUDENTS RESIDING IN HOUSEHOLD OF
STUDENT RECEIVING SPECIAL EDUCATION SERVICES. (a) If, for the
purpose of receiving special education services under Subchapter
A, Chapter 29, a school district assigns a student to a district
campus other than the campus the student would attend based on
the student's residence, the district shall permit the student's
parent, guardian, or other person standing in parental relation
to the student to obtain a transfer to the assigned campus for
any other student residing in the household of the student
receiving special education services, provided that:
(1) the other student is entitled under Section 25.001 to attend
school in the district; and
(2) the appropriate grade level for the other student is offered
at the campus.
(b) A school district is not required to provide transportation
to a student who transfers to another campus under this section.
This subsection does not affect any transportation services
provided by the district in accordance with other law for the
student receiving special education services.
(c) Section 25.034 does not apply to a transfer under this
section.
(d) This section does not apply if the student receiving special
education services resides in a residential facility.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 12.01, eff. May 31, 2006.
Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The
boards of trustees of two or more adjoining school districts or
the boards of county school trustees of two or more adjoining
counties may, by agreement and in accordance with Sections
25.032, 25.033, and 25.034, arrange for the transfer and
assignment of any student from the jurisdiction of one board to
that of another. In the case of the transfer and assignment of a
student under this section, the participating governing boards
shall also agree to the transfer of school funds or other
payments proportionate to the transfer of attendance.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other than a
high school graduate, who is younger than 21 years of age and
eligible for enrollment on September 1 of any school year may
transfer annually from the child's school district of residence
to another district in this state if both the receiving district
and the applicant parent or guardian or person having lawful
control of the child jointly approve and timely agree in writing
to the transfer.
(b) A transfer agreement under this section shall be filed and
preserved as a receiving district record for audit purposes of
the agency.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.037. TRANSFER OF STATE FUNDS. On the timely filing with
the agency of notice of a child's transfer and certification by
the agency of the transfer, the state available school fund
apportionment transfers with the child. For purposes of computing
state allotments to school districts under the Foundation School
Program, the attendance of the child before the date of transfer
is counted by the transfer sending district and the attendance of
the child after the date of transfer is counted by the transfer
receiving district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS. The receiving
school district may charge a tuition fee to the extent that the
district's actual expenditure per student in average daily
attendance, as determined by its board of trustees, exceeds the
sum the district benefits from state aid sources as provided by
Section 25.037. However, unless a tuition fee is prescribed and
set out in a transfer agreement before its execution by the
parties, an increase in tuition charge may not be made for the
year of that transfer that exceeds the tuition charge, if any, of
the preceding school year.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.039. CONTRACTS AND TUITION FOR EDUCATION OUTSIDE
DISTRICT. (a) A school district that does not offer each grade
level from kindergarten through grade 12 may provide by contract
for students residing in the district who are at grade levels not
offered by the district to be educated at those grade levels in
one or more other districts. In each contract, the districts also
shall agree to the transfer of school funds or other payments
proportionate to the transfer of attendance.
(b) The school district in which the students reside shall pay
tuition to any district with which it has a contract under this
section for each of its students attending school in that
district at a grade level for which the district has contracted.
The amount of the tuition paid may not exceed the greater of the
amount provided for by Section 25.038 or an amount specified by
commissioner rule.
(c) A school district is not required to pay tuition to any
district with which it has not contracted for the attendance by
any of its students at a grade level for which it has contracted
under this section with another district.
(d) A contract under this section may not be for a period
exceeding five years.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.32, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1069, Sec. 1, eff. Sept.
1, 2003.
Sec. 25.040. TRANSFER TO DISTRICT OF BORDERING STATE. Any child
entitled to attend the public school of any school district
situated on the border of Louisiana, Arkansas, Oklahoma, or New
Mexico who finds it more convenient to attend the public school
in a district in the contiguous state may have the apportionment
of the state and county available school funds paid to the school
district of the contiguous state and may have additional tuition,
if necessary, paid by the district of the child's residence on
terms agreed on by the trustees of the receiving district and the
trustees of the residence district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF STATE
SCHOOLS. A school-age child or ward of an employee of a state
school for the mentally retarded constituted as a school district
who resides in the boundaries of the state school property but
who is not a student at the state school is entitled to attend
school in a district adjacent to the state school free of any
charge to the child's or ward's parent or guardian provided the
parent or guardian is required by the superintendent of the state
school to live on the grounds of the state school for the
convenience of this state. A tuition charge required by the
admitting district shall be paid by the district constituting the
state school out of funds allotted to it by the agency.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.042. TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS YOUTH
COMMISSION FACILITIES. A school-age child of an employee of a
facility of the Texas Youth Commission is entitled to attend
school in a school district adjacent to the district in which the
student resides free of any charge to the student's parents or
guardian. Any tuition charge required by the admitting district
shall be paid by the district from which the student transfers
out of any funds appropriated to the facility.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.043. CLASSROOM PLACEMENT OF MULTIPLE BIRTH SIBLINGS.
(a) In this section:
(1) "Multiple birth sibling" means a twin, triplet, quadruplet,
or other sibling resulting from a multiple birth.
(2) "Parent" includes a person standing in parental relation.
(b) The parent of multiple birth siblings who are assigned to
the same grade level and school may request in writing, not later
than the 14th day after the first day of enrollment, that the
school place the siblings in the same classroom or in separate
classrooms.
(c) Except as provided by Subsection (d) or (g), a school shall
provide the multiple birth siblings with the classroom placement
requested by the parent.
(d) At the end of the first grading period following the
multiple birth siblings' enrollment in the school, if the
principal of the school, in consultation with the teacher of each
classroom in which the multiple birth siblings are placed,
determines that the requested classroom placement is disruptive
to the school, the principal may determine the appropriate
classroom placement for the siblings.
(e) A parent may appeal the principal's classroom placement of
multiple birth siblings in the manner provided by school district
policy. During an appeal, the multiple birth siblings shall
remain in the classroom chosen by the parent.
(f) The school may recommend to a parent the appropriate
classroom placement for the multiple birth siblings and may
provide professional educational advice to assist the parent with
the decision regarding appropriate classroom placement.
(g) A school district is not required to place multiple birth
siblings in separate classrooms if the request would require the
school district to add an additional class to the grade level of
the multiple birth siblings.
(h) This section does not affect:
(1) a right or obligation under Subchapter A, Chapter 29, or
under the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.) regarding the individual placement
decisions of the school district admission, review, and dismissal
committee; or
(2) the right of a school district or teacher to remove a
student from a classroom under Chapter 37.
Added by Acts 2007, 80th Leg., R.S., Ch.
91, Sec. 1, eff. May 15, 2007.
SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE
Sec. 25.081. OPERATION OF SCHOOLS. (a) Except as authorized
under Subsection (b) of this section, Section 25.084, or Section
29.0821, for each school year each school district must operate
so that the district provides for at least 180 days of
instruction for students.
(b) The commissioner may approve the instruction of students for
fewer than the number of days required under Subsection (a) if
disaster, flood, extreme weather conditions, fuel curtailment, or
another calamity causes the closing of schools.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 824, Sec. 2, eff. June
20, 2003.
Sec. 25.0811. FIRST DAY OF INSTRUCTION. (a) A school district
may not begin instruction for students for a school year before
the fourth Monday in August unless the district operates a
year-round system under Section 25.084.
(b) Notwithstanding Subsection (a), a school district that does
not offer each grade level from kindergarten through grade 12 and
whose prospective or former students generally attend school in
another state for the grade levels the district does not offer
may start school on any date permitted under Subsection (a) or
the law of the other state.
(c) Repealed by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec.
9.03, eff. May 31, 2006.
Added by Acts 2001, 77th Leg., ch. 909, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 9.02, eff. May 31, 2006.
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 9.03, eff. May 31, 2006.
Acts 2007, 80th Leg., R.S., Ch.
708, Sec. 1, eff. June 15, 2007.
Sec. 25.082. SCHOOL DAY; PLEDGES OF ALLEGIANCE; MINUTE OF
SILENCE. (a) A school day shall be at least seven hours each
day, including intermissions and recesses.
(b) The board of trustees of each school district shall require
students, once during each school day at each school in the
district, to recite:
(1) the pledge of allegiance to the United States flag in
accordance with 4 U.S.C. Section 4, and its subsequent
amendments; and
(2) the pledge of allegiance to the state flag in accordance
with Subchapter C, Chapter 3100, Government Code.
(c) On written request from a student's parent or guardian, a
school district shall excuse the student from reciting a pledge
of allegiance under Subsection (b).
(d) The board of trustees of each school district shall provide
for the observance of one minute of silence at each school in the
district following the recitation of the pledges of allegiance to
the United States and Texas flags under Subsection (b). During
the one-minute period, each student may, as the student chooses,
reflect, pray, meditate, or engage in any other silent activity
that is not likely to interfere with or distract another student.
Each teacher or other school employee in charge of students
during that period shall ensure that each of those students
remains silent and does not act in a manner that is likely to
interfere with or distract another student.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 126, Sec. 1, 2, eff.
Sept. 1, 2003.
Sec. 25.083. SCHOOL DAY INTERRUPTIONS. The board of trustees of
each school district shall adopt and strictly enforce a policy
limiting interruptions of classes during the school day for
nonacademic activities such as announcements and sales
promotions. At a minimum, the policy must limit announcements
other than emergency announcements to once during the school day.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 25.084. YEAR-ROUND SYSTEM. (a) A school district may
operate its schools year-round on either a single-track or a
multitrack calendar. If a school district adopts a year-round
system, the district may modify:
(1) the number of contract days of employees and the number of
days of operation, including any time required for staff
development, planning and preparation, and continuing education,
otherwise required by law;
(2) testing dates, data reporting, and related matters;
(3) the date of the first day of instruction of the school year
under Section 25.0811 for a school that was operating year-round
for the 2000-2001 school year; and
(4) a student's eligibility to participate in extracurricular
activities when the student's calendar track is not in session.
(b) The operation of schools year-round by a district does not
affect the amount of state funds to which the district is
entitled under Chapter 42.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 909, Sec. 2, eff.
Sept. 1, 2001.
Sec. 25.085. COMPULSORY SCHOOL ATTENDANCE. (a) A child who is
required to attend school under this section shall attend school
each school day for the entire period the program of instruction
is provided.
(b) Unless specifically exempted by Section 25.086, 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 the child's 18th birthday shall attend school.
(c) On enrollment in prekindergarten or kindergarten, a child
shall attend school.
(d) Unless specifically exempted by Section 25.086, a student
enrolled in a school district must attend:
(1) an extended-year program for which the student is eligible
that is provided by the district for students identified as
likely not to be promoted to the next grade level or tutorial
classes required by the district under Section 29.084;
(2) an accelerated reading instruction program to which the
student is assigned under Section 28.006(g);
(3) an accelerated instruction program to which the student is
assigned under Section 28.0211;
(4) a basic skills program to which the student is assigned
under Section 29.086; or
(5) a summer program provided under Section 37.008(l) or Section
37.021.
(e) 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 the program of
instruction is offered. A school district may revoke for the
remainder of the school year the enrollment of a person who has
more than five absences in a semester that are not excused under
Section 25.087. A person whose enrollment is revoked under this
subsection may be considered an unauthorized person on school
district grounds for purposes of Section 37.107.
(f) The board of trustees of a school district may adopt a
policy requiring a person described by Subsection (e) who is
under 21 years of age to attend school until the end of the
school year. Section 25.094 applies to a person subject to a
policy adopted under this subsection. Sections 25.093 and 25.095
do not apply to the parent of a person subject to a policy
adopted under this subsection.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 2, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.10, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 1, eff. June
18, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 3, eff. June 20,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
50, Sec. 1, eff. May 10, 2007.
Acts 2007, 80th Leg., R.S., Ch.
850, Sec. 2, eff. June 15, 2007.
Sec. 25.086. EXEMPTIONS. (a) A child is exempt from the
requirements of compulsory school attendance if the child:
(1) attends a private or parochial school that includes in its
course a study of good citizenship;
(2) is eligible to participate in a school district's special
education program under Section 29.003 and cannot be
appropriately served by the resident district;
(3) has a physical or mental condition of a temporary and
remediable nature that makes the child's attendance infeasible
and holds a certificate from a qualified physician specifying the
temporary condition, indicating the treatment prescribed to
remedy the temporary condition, and covering the anticipated
period of the child's absence from school for the purpose of
receiving and recuperating from that remedial treatment;
(4) is expelled in accordance with the requirements of law in a
school district that does not participate in a mandatory juvenile
justice alternative education program under Section 37.011;
(5) is at least 17 years of age and:
(A) is attending a course of instruction to prepare for the high
school equivalency examination, and:
(i) has the permission of the child's parent or guardian to
attend the course;
(ii) is required by court order to attend the course;
(iii) has established a residence separate and apart from the
child's parent, guardian, or other person having lawful control
of the child; or
(iv) is homeless as defined by 42 U.S.C. Section 11302; or
(B) has received a high school diploma or high school
equivalency certificate;
(6) is at least 16 years of age and is attending a course of
instruction to prepare for the high school equivalency
examination, if:
(A) the child is recommended to take the course of instruction
by a public agency that has supervision or custody of the child
under a court order; or
(B) the child is enrolled in a Job Corps training program under
the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et
seq.);
(7) is at least 16 years of age and is enrolled in a high school
diploma program under Chapter 18;
(8) is enrolled in the Texas Academy of Mathematics and Science
under Subchapter G, Chapter 105;
(9) is enrolled in the Texas Academy of Leadership in the
Humanities;
(10) is enrolled in the Texas Academy of Mathematics and Science
at The University of Texas at Brownsville;
(11) is enrolled in the Texas Academy of International Studies;
or
(12) is specifically exempted under another law.
(b) This section does not relieve a school district in which a
child eligible to participate in the district's special education
program resides of its fiscal and administrative responsibilities
under Subchapter A, Chapter 29, or of its responsibility to
provide a free appropriate public education to a child with a
disability.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 1, eff.
June 19, 1997; Acts 1997, 75th Leg., ch. 1019, Sec. 3, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 1282, Sec. 2, eff. June 18,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
377, Sec. 3, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch.
887, Sec. 2, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch.
1339, Sec. 6, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 4.003, eff. September 1, 2007.
Sec. 25.087. EXCUSED ABSENCES. (a) 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.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
595, Sec. 1
(b) 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; or
(D) taking part in a United States naturalization oath ceremony;
or
(2) a temporary absence resulting from health care professionals
if that student commences classes or returns to school on the
same day of the appointment.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
517, Sec. 3
(b) 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; or
(C) serving as an election clerk; or
(2) a temporary absence resulting from health care professionals
if that student commences classes or returns to school on the
same day of the appointment.
(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.
(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-2), 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-2), 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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1999, 76th Leg., ch. 651, Sec. 1, eff. June
18, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 2, eff. June 18,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
479, Sec. 1, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch.
660, Sec. 2, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 7.002(a), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 7.002(b), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
455, Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
455, Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
517, Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
595, Sec. 1, eff. June 19, 2009.
Sec. 25.088. SCHOOL ATTENDANCE OFFICER. The school attendance
officer may be selected by:
(1) the county school trustees of any county;
(2) the board of trustees of any school district or the boards
of trustees of two or more school districts jointly; or
(3) the governing body of an open-enrollment charter school.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 21, eff.
Sept. 1, 2001.
Sec. 25.089. COMPENSATION OF ATTENDANCE OFFICER; DUAL SERVICE.
(a) An attendance officer may be compensated from the funds of
the county, independent school district, or open-enrollment
charter school, as applicable.
(b) An attendance officer may be the probation officer or an
officer of the juvenile court of the county.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 22, eff.
Sept. 1, 2001.
Sec. 25.090. ATTENDANCE OFFICER NOT SELECTED. (a) In those
counties and independent school districts where an attendance
officer has not been selected, the duties of attendance officer
shall be performed by the school superintendents and peace
officers of the counties and districts.
(b) If the governing body of an open-enrollment charter school
has not selected an attendance officer, the duties of attendance
officer shall be performed by the peace officers of the county in
which the school is located.
(c) Additional compensation may not be paid for services
performed under this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 23, eff.
Sept. 1, 2001.
Sec. 25.091. POWERS AND DUTIES OF PEACE OFFICERS AND OTHER
ATTENDANCE OFFICERS. (a) A peace officer serving as an
attendance officer has the following powers and duties concerning
enforcement of compulsory school attendance requirements:
(1) to investigate each case of a violation of compulsory school
attendance requirements referred to the peace officer;
(2) to enforce compulsory school attendance requirements by:
(A) referring a student to a juvenile court or filing a
complaint against a student in a county, justice, or municipal
court if the student has unexcused absences for the amount of
time specified under Section 25.094 or under Section 51.03(b)(2),
Family Code; and
(B) filing a complaint in a county, justice, or municipal court
against a parent who violates Section 25.093;
(3) to serve court-ordered legal process;
(4) to review school attendance records for compliance by each
student investigated by the officer;
(5) 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;
(6) to make a home visit or otherwise contact the parent of a
student who is in violation of compulsory school attendance
requirements, except that a peace officer may not enter a
residence without the permission of the parent of a student
required under this subchapter to attend school or of the tenant
or owner of the residence except to lawfully serve court-ordered
legal process on the parent; and
(7) to take a student into custody with the permission of the
student's parent or in obedience to a court-ordered legal
process.
(b) 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) referring a student to a juvenile court or filing a
complaint against a student in a county, justice, or municipal
court if the student has unexcused absences for the amount of
time specified under Section 25.094 or under Section 51.03(b)(2),
Family Code; and
(B) 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;
(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; and
(7) if the attendance officer has or is informed of a
court-ordered legal process directing that a student be taken
into custody and the school district employing the officer does
not employ its own police department, to contact the sheriff,
constable, or any peace officer to request that the student be
taken into custody and processed according to the legal process.
(b-1) A peace officer who has probable cause to believe that a
child is in violation of the compulsory school attendance law
under Section 25.085 may take the child into custody for the
purpose of returning the child to the school campus of the child
to ensure the ch