CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE - Texas Statutes

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