It’s true! Parents can be sued if their child has too many absences.
In Texas, children enrolled in public school are required to attend school between the ages of six and eighteen. Children younger than six might be required once they are enrolled in pre-kindergarten or kindergarten. The three main points to remember about this attendance rule are: (1) is your child exempt from the compulsory attendance rule, (2) what counts as an absence, and (3) when is the parent liable for their children’s absences.
Is My Child Exempt From the Compulsory Attendance Rule?
Children are exempt from the school’s compulsory attendance rule if they:
(1) attend a private, homeschool or parochial school,
(2) their current school district’s special education program cannot cover their needs,
(3) have a temporary physical or mental condition that requires absence from school to recover,
(4) have been expelled, or
(5) are enrolled in another course of instruction such as the GED program.
What Counts as an Absence?
An important point to remember is that an absence doesn’t have to be a full day missed. Schools view missing partial days as an absence. Each school may differ but the primary excused absences permitted are for: observing religious holy days, having to attend court, an obligation to complete paperwork required to complete the student’s application for U.S. citizenship, completing a U.S. naturalization oath ceremony, being an election clerk, and an absence resulting from a health care appointment but only if the student returns to class the same day.
When is the Parent Liable for Their Children’s Absences?
A parent is deemed as “contributing to the nonattendance of their child” if the child has a certain number of absences. The maximum allowed absences are:
(1) 10 days or parts of days within a six month period in the same school year; or
(2) Three days or parts of days within a four week period.
The school takes attendance seriously and can file a complaint against the parent in court. If convicted, the parent can be punished by fines or attendance at a community program.
Schools are required to send a warning to parents at the beginning of the school year and once the child reaches a certain number of absences. Although the school is required to send a warning, if they don’t, this won’t get a parent off the hook for their contribution. The school must notify the student’s parent, in writing, what will happen if the student is absent for the amount listed above and that the parent might be liable. Also, when the student has been absent for three days within a four-week period, then the school needs to notify the parent. This notification will include that it is a duty of the parents to make sure their child attends school, that they can be prosecuted for nonattendance, and request a conference to discuss the absences.
TAKEAWAY: At the beginning of each school year, make sure to look over your child’s attendance policy. Keep in mind that when the court wants to press charges, they will look at the situation and try to figure out the reason why the student isn’t attending school. Keep track of your child’s absences and follow any procedures to let the school know that the absence should be excused.
– The Litigation Team
Ethan | Mark