Failure to Attend School

Failure to Attend School


In 2011, the Legislature amended Texas Education Code section 25.094 to limit the range of students’ ages that commit an offense for failure to attend school to “12 years of age or older and younger than 18 years of age.” However, Texas Education Code section 25.085 provides that if a school district has adopted a policy requiring adult students who voluntarily attend school to comply with the district's attendance policy, Section 25.094 applies to that student. Because Sections 25.094 and 25.085 appeared to contradict each other in regard to students 18 years of age or older and younger than 21 years of age, the Brazoria County District Attorney requested that the attorney general resolve the issue. The attorney general issued an opinion on June 4, 2012. The attorney general concluded that the amendment to Texas Education Code section 25.094 added a necessary element to the offense of failure to attend school; therefore a person eighteen years of age or older cannot commit an offense for failure to attend school under Section 25.094, regardless of local policy. GA-946 (RQ-1022-GA) (Texas Attorney General). LAF’s Attorney: Mark Tilley, TASB Legal Services, Austin.