Attendance & Truancy

Texas law requires students ages 6-19 to attend school each day that instruction is provided. This applies to students who are younger than age six that have who are voluntarily enrolled in pre-kindergarten or kindergarten.

Little Elm ISD is dedicated to partnering with parents to ensure the success of our students. Student attendance is a priority for student's success. Campus and district administrators will provide support for families to ensure students attend school and receive every learning opportunity.

Please do not hesitate to contact us if we can be of any assistance.

What does the 90% rule mean?

Texas Education Code Section 25.092 - MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL GRADE

• In addition to the Texas Compulsory attendance laws, school districts are required to enforce the 90% rule for student attendance. This rule states that students in Kindergarten through 12th grade must attend school for 90% of the time it is offered to receive credit or a final grade. This rule also applies to students with an IEP or 504 plan.

• The average school year is 180 days. This means the student can only miss 18 days (or parts of days) of a specific class. 

• A student who is in attendance for at least 75%, but less than 90%, of the days a class is offered may be given credit or a final grade if the student completes a plan approved by the campus administrator.
• Most misunderstood rule: The 90% rule applies to ALL ABSENCES (excluding those exempt by law), including excused absences. (See Compulsory Attendance page)
• For elementary students, this means they could repeat a grade if they are in school less than 90% of the school days. A middle or high school student may have to repeat a class due to not meeting the 90% attendance rule.
• For high school students, a student that falls below the 75% attendance could result in absence failure for the class. High school students are on a block schedule which means they have 4-90 minute class periods per semester, therefore, students may only be absent 9 days (or parts of days) in a semester before being subject to absence fail.

What can you do if your student falls below 90% compulsory attendance?

• If the student drops below 90% attendance but attends class at least 75% of the days the class is offered, the student may earn credit for the class by completing an instructional plan approved by the campus administrator or attendance committee that allows the student to fulfill the requirements for the class. 
• If a student falls below the 75% attendance rate or has not completed the plan appproved by the campus administrator, the student will be referred to the attendance committee. The attendance committee will review the student's absences, performance, and determine if any extenuating circumstances exist for the absences. If extenuating circumstances exist, the committee will develop a plan that will allow the student to regain credit or a final grade due to attendance. Each plan is unique to each student.
• The parent may appeal the attendance committee decision to the campus principal.

Pre-Kindergarten and Kindergarten

Students enrolled in pre-kindergarten or kindergarten are required to attend school and are subject to the compulsory attendance requirements as long as they remain enrolled.

Student Ages 6-18

State law requires that a student who is at least six years of age, or who is younger than six years of age has previously been enrolled in first grade, and who has not yet reached their 19th birthday, shall attend school, as well as any applicable accelerated instruction program, extended-year program, or tutorial session, unless the student is otherwise excused from attendance or legally exempt.

State law requires a student in kindergarten-grade 2 to attend any assigned accelerated reading instruction program. Parents will be notified in writing if their child is assigned to an accelerated reading instruction program based on a diagnostic reading instrument. 

A student will be required to attend any assigned accelerated reading instruction program before or after school or during the summer if the student does not meet the passing standards on an applicable subject area state assessment.

Student Ages 19 or Older

A student who voluntarily attends or enrolls after his or her 19th birthday is required to attend each school day until the end of the school year. If the student incurs more than five unexcused absences in a semester, Little Elm ISD may revoke the student's enrollment. The student's resence on school property thereafter would be unauthorized and may be considered trespassing. (See policy FEA for more information)

Compulsory Attendance Exemptions

Texas state law allows exemptions to the compulsory attendance requirements for various types of absences as long as the student completes all missing assignments. Exemptions are listed below:

• Religious holy days;
• Required court appearances;
• Requirements related to obtaining U.S. Citizenship;
• Documented healthcare appointments for the student or child of the student, if the student attends school and returns after the appointment. A note from the healthcare provider must be submitted upon return to school. Campus administration may contact the healthcare provider to verify the appointment date and time. 
• Absences for students in the conservatorship (custody) of the state;
• An activity required under a court-ordered service plan
• Students of military families attending military related activities
• Serving as an election clerk
• Sounding taps at a funeral
• College Visits

Students MUST provide written documentation of any absences in order to be exempt.

Truancy Enforcement

Little Elm ISD enforces the Texas Compulsory attendance laws in the following ways (Education Code 25.085):

• Parents or guardians will receive daily attendance notifications by phone, email, and text message if their student is marked absent for the day or a class period. The email notification includes a link to submit an absence note. Please ensure your contact information is up to date with your student’s campus, as it is the parent’s responsibility to keep this information current.
• If a student's attendance record shows 3 or more days or parts of days in a four-week period as unexcused absences, a warning letter will be sent to parents or guardians. At this point, the campus will begin Truancy Prevention Measures for the student. Texas Education Code 25.0915 states that school districts may adopt truancy prevention measures designed to address the student's conduct regarding truancy. 
  • Truancy Measures may include:
    • Automated phone calls, text messaging, and emails to parents/guardians
    • Parent/guardians and/or student conference
    • Attendance contract designed to improve the student's attendance.
    • In School Suspension (ISS) 
    • Saturday School 
    • Home visits by campus administration and/or district social worker
    • Tribunal Court

If the above truancy prevention measures do not solve the student's attendance conduct, the student will be referred to the tribunal court facilitated by Payton, Nix & Associates. Our goal is to solve any student's truant conduct utilizing our truancy prevention measures listed above prior to referrals to municipal and county court.  

Tribunals are held on Mondays from 8:00 a.m. - 4:00 p.m. at the Little Elm Administration Building, 400 Lobo Lane, Little Elm, TX, 75068.

A – 3 or more UNEXCUSED absences in a four week period, will generate a Truancy Warning Letter. This letter is emailed home to the parent/guardian. 

B – Ten UNEXCUSED absences within a six month period, truancy charges SHALL be filed. Filing with the court system for missing ten or more (unexcused) days; or parts of days, in a six month period is required by state law.

All absence notes can be submitted through an absence online form. This form allows you to snap a photo of your doctor's notes or any other documentation you need to attach to your form. 

A link to the form will be sent through the automated absence notification, but you can also access it through Parent Resources on the District website.

Medical and absences excused with a parent note do not count toward the ten days for truancy. Contact your student’s school attendance office for the policy on the number of parent notes that will be accepted.

Except as provided by Texas Education Code 25.092, a student may not be given credit for a class unless the student is in attendance for at least 90 percent of the days the class is offered.

Checking your child out of school before the end of the school day counts as “leaving early” which fall under "parts of days". These absences count toward the ten unexcused absences for truancy. A medical note will excuse these absences once submitted. 

If you receive a letter from your student’s school is it because he/she has three or more unexcused absences in a four week period of time. This letter is a reminder of Texas State Law and a warning that truancy charges will be filed once ten unexcused absences are attained.

School officials are not allowed to come to your home to pick up your student and take them to school. 

If you have concerns regarding the accuracy of your student’s attendance you will need to contact the campus attendance clerk or your student’s campus administrator.

The Compulsory Attendance laws of the State of Texas require that all children between the ages of six and 19 are to attend school unless they are exempted from attending by Sec. 25.086 of the Texas Education Code. Students who turn 19 during the academic year are further required to complete that academic year and attend school each and every day school is in session.

Once truancy charges are filed against either a student or parent, the case will not be dismissed by the District. It is up to the Judge to decide if the case should be heard or dismissed. It will be necessary to provide all documentation as part of your defense. It is necessary that the individual who was filed on to appear before the court on the date that is stated on the summons received in the mail. If the student is under the age of seventeen, they will need a parent or guardian present as well.

Article 45.054 Failure to Attend School Proceedings of the Texas Code of Criminal Procedures states, on a finding by a court that an individual has committed an offense under Section 25.094, Education Code, the court may require that the individual; attend school without unexcused absences;  if the individual is 16, attend a preparatory class for the high school equivalency exam; attend a special programming not limited to; and alcohol/drug abuse program; rehabilitation program; counseling program, including self-improvement counseling; training in self esteem and leadership, job skills training; parenting and parental responsibility training; training in manners; violence avoidance; sensitivity training; and training in advocacy and mentoring.

The individual and the individual’s parents may also be required to attend a class designed for both the individual and their parents who are at risk of dropping out of school; complete reasonable community service requirements; or attend a tutorial program covering academic subjects in which the student is enrolled provided by the school the individual attends.

In addition to any other order authorized by this article, the court may order the Department of Public Safety to suspend the driver’s license or permit of the individual who is the subject of the hearing or, if the individual does not have a license or permit, to deny the issuance of a license or permit to the individual for a period specified by the court not to exceed 365 days.

The court may also fine the individual up to $500.00 per offense.