August 11, 2015
THE ADMINISTRATOR ADDRESSED:
Re: Attendance, Admission,
Enrollment Records, and Tuition
This letter summarizes important statutes relating to
student attendance, public school admission, enrollment records, and tuition.
Part I of the letter relates to compulsory attendance, Part II relates to
attendance for course credit, Part III relates to public school admission, Part
IV relates to enrollment records, and Part V relates to tuition. In each part,
we have identified which statutes do or do not apply to open-enrollment charter
schools. We hope you
will find this summary helpful as you begin the 2015-2016 school year.
The statutes described in this part apply to open-enrollment
charter schools in addition to school districts.
Persons Subject to Compulsory
compulsory attendance applies to students who are at least six years old as of
September 1 of the applicable school year. The law requires a student to attend
public school until the student's 19th
birthday, unless the student is exempt under §25.086.
Under §25.085(c), compulsory attendance
also applies to students below the age for compulsory attendance during any
period that the student is voluntarily enrolled in prekindergarten or
addition, under §25.085(d), compulsory attendance applies to certain
extended-year programs, tutorial classes, accelerated reading instruction
programs, accelerated instruction programs, basic skills programs, and summer
programs for students subject to certain disciplinary removals.
attendance is enforced through §25.093 and new Chapter 65, Texas Family Code.
Section 25.086 lists the exemptions from
Three of the exemptions are addressed below.
The exemption from compulsory attendance
for students who have been expelled applies only in a school district that does
not participate in a mandatory juvenile justice alternative education program
(JJAEP). With certain exceptions, counties with populations greater than
125,000 are required to have JJAEPs.
In those counties, expelled students are subject to compulsory attendance.
Expelled students must attend the JJAEP, if they are placed there, or another
educational program provided by the school district. If an expelled student
from a county that does not have a JJAEP moves to a county that has a mandatory
JJAEP, the new school district may honor the expulsion under Chapter 37 but
must assign the student to either the JJAEP or another educational program
provided by the school district for expelled students. An open-enrollment charter
school may deny admission to a student expelled from a school district if its
charter so provides.
Notwithstanding the above-described
exemption from compulsory attendance, a school district has a continuing
obligation under federal and state special education law to provide a free
appropriate public education to a student with a disability who has been
removed for disciplinary reasons from his or her current educational placement,
regardless of the population of the county in which the school district is
17 year-old in Preparation Course
for High School Equivalency Examination
The exemption from compulsory attendance
for a child attending a course to prepare for a high school equivalency
examination who is at least 17 years of age applies if: 1) the child has the
permission of the child's parent or guardian to attend the course; 2) the child
is required by court order to attend the course; 3) the child has established a
residence separate and apart from the child's parent, guardian, or other person
having lawful control; or 4) the child is homeless. (For a discussion of the
enrollment in a school district of children with separate residences or who are
homeless see Part III, Admission.)
16 year-old in Preparation Course
for High School Equivalency Examination
There is a separate exemption for a child
attending a course to prepare for a high school equivalency examination who is
at least 16 years old. This exemption applies if the child is enrolled in a
Job Corps training program or the child is recommended to take the course by a
public agency that has supervision or custody of the child under a court
order. Under §65.103, Texas Family Code,
a truancy court
that finds that a child who is at least 16 years of age has engaged in truant
may order the child to take a high school equivalency examination and to attend
a preparatory course. These are the only conditions under which 16 year-olds
are exempt from compulsory attendance due to attending a course to prepare for
a high school equivalency examination. In addition, certain 16 year-olds may
attend a high school equivalency program operated by a school district or
open-enrollment charter school under §29.087.
Compulsory Attendance Enforcement;
Persons under Age 19
of School Attendance Officer
§25.088, the governing body of a school district or of an open-enrollment
charter school may select an attendance officer to enforce the attendance of
students. If an open-enrollment charter school does not select an attendance
officer, §25.090 requires the county peace officers to perform the duties of an
attendance officer with respect to students in the open-enrollment charter
of School Attendance Officer
25.091 lists the duties of a school attendance officer. The section lists
separately the duties of attendance officers who are peace officers and the
duties of those who are not peace officers. Please note that the statute
authorizes an attendance officer to refer a student to truancy court only for
"unexcused absences." Excused absences are not included in the number of
absences required for a referral or complaint. In addition to
enrolled students with unexcused absences, a school attendance officer's duties
extend to persons within compulsory attendance age who are not exempt from
compulsory attendance and are not enrolled in school.
25.091(b-1) authorizes a peace officer who has probable cause to believe that a
child is in violation of the compulsory school attendance law under §25.085 to
take the child into custody for the purpose of returning the child to the
child's school campus.
attendance officer is required to apply truancy prevention measures adopted by
the district under §25.0915 and may make a referral to truancy court under
§25.091 only if the truancy prevention measures fail to meaningfully address
the student's conduct. Each referral must specify whether the student is
eligible for or receives special education services and must be accompanied by
a statement from the student's school certifying that the school applied the
truancy prevention measures and the measures failed to meaningfully address the
student's school attendance.
school district is required to adopt truancy prevention measures under
If a student has three or more unexcused absences for three or more days or
parts of days within a four-week period but less than 10 or more days or parts
of days within a six-month period, the district shall initiate truancy
prevention measures. If the school determines that the student's absences are
the result of pregnancy, being in the state foster program, homelessness, or
being the principal income earner for the student's family, the district shall
offer additional counseling to the student and may not refer the student to a
truancy court. A district shall employ a truancy prevention facilitator or
juvenile case manager to implement the truancy prevention measures. At least
annually, the truancy prevention facilitator shall meet to discuss effective
truancy prevention measures with a case manager or other individual designated
by a truancy court to provide services to students of the district.
25.095 requires school districts and open-enrollment charter schools to notify
parents of attendance requirements at the beginning of the school year. An additional
notice is required after a student has a certain number of unexcused absences.
Tardies are generally not considered absences for purposes of compulsory
25.0951(a) and (b) provide two options for compulsory attendance enforcement.
judicial process for truant conduct is governed by new Chapter 65, Texas Family
Under §65.003, Texas Family Code, truant conduct is conduct committed by a
student who is 12 years of age or older and younger than 19 years of age.
A district may refer a student alleged to have engaged in truant conduct to a
court designated as a truancy court under §65.004, Texas Family Code. A
truancy court is required to dismiss a petition filed by a truant conduct
prosecutor if the court determines that the district's referral does not meet
certain conditions, including an accompanying statement regarding the
district's application of truancy prevention measures and a statement regarding
whether the student is eligible for special education services.
§25.0951(a), a referral for 10 or more unexcused absences within six months
must be made within 10 school days from the date of the student's 10th
absence. If a referral on which a petition for truant conduct is based is
untimely, the court shall dismiss the petition unless the district has delayed
the referral because the district determines that truancy prevention measures
are succeeding and the delay is in the student's best interest.
25.093 is an offense for contributing to nonattendance, which is committed by a
A district may file an action under that section in any justice
precinct in the county in which the school is located or in which the person
filed against resides.
Alternatively, an action may be filed in municipal court or, in a county with a
population of 1.75 million or more, in a constitutional county court. Section
25.093 provides for the deposit of one-half of a fine collected under that
section to the credit of the open-enrollment charter, JJAEP, or school district
that the child attends.
is an affirmative defense for both the parent and the student that an absence
has been excused by a school official or the court.
For the student, there is also an affirmative defense for absences that are
The affirmative defenses apply only if there are an insufficient number of
absences remaining to constitute the offense or the truant conduct.
Attendance Enforcement; Persons Age
19 or Older
Under §25.085(e), a person who voluntarily
enrolls in or attends school after the person's 19th birthday is
required to attend each school day for the entire period the program of
instruction for which the student is enrolled is offered. This requirement is not
enforceable through §25.093 or Chapter 65, Texas Family Code. However, if the
person has more than five unexcused absences in a semester, the school district
may revoke the person's enrollment for the remainder of the school year subject
to certain conditions.
After the third unexcused absence, the
district must issue the person a warning letter stating that the person's
enrollment may be revoked for the remainder of the school year if the person
has more than five unexcused absences in a semester.
The revocation may not occur on a day that the person is physically present at
The authority to revoke enrollment does not override the district's
responsibility to provide a free appropriate public education to a person who
is eligible for special education services. Also, please note that a person
whose enrollment is revoked under this provision is considered a dropout for
accountability purposes. As an alternative to revocation, a school district
may impose a behavior improvement plan under §25.0915(a-1)(1).
Section 25.085(f) authorizes the board of
trustees of a school district to adopt a policy requiring a person described by
Subsection (e) who is under the age of 21 to attend school until the end of the
school year. However, §65.003(a), Texas Family Code, does not apply to a
person subject to the policy.
Section 25.087 relates to excused
absences. Subsection (a) provides that a person required to attend school
under §25.085 "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." As discussed under "Duties of School Attendance
Officer", excused absences are not counted when determining the
number of absences that trigger a referral or complaint for failure to comply
with the compulsory attendance requirement.
Under §25.087(b)(1), a school district is
required to excuse a student's absence for observance of a religious holy day,
for attending a required court appearance, to appear at a governmental office
to complete paperwork required in connection with the student's application for
United States citizenship, to take part in a United States naturalization oath
ceremony, for service as an election clerk, or for an activity that is either
required by a service plan under Subchapter B, Chapter 263, Texas Family Code,
or ordered by a court under Chapter 262 or 263, Texas Family Code, if the child
is in the conservatorship of the Department of Family and Protective Services (DFPS).
The absence for the child in the conservatorship of DFPS for a court-ordered
activity must be excused if it is not practicable to schedule the activity
outside of school hours. The period of an excused absence under §25.087(b)(1)
includes travel time.
Under §25.087(b)(2), a school district
must excuse a temporary absence for the purpose of an appointment with a health
care professional for the student or the student's child if the student comes
to school the day of the appointment, either before or after the appointment.
According to §25.087(b-3), an absence subject to this provision includes the
temporary absence of a student diagnosed with autism spectrum disorder for an
appointment with a health care practitioner
to receive a generally recognized service
for persons with autism spectrum disorder.
§25.087(b-1), a school district may adopt a policy excusing a student's absence
for service as a student early voting clerk. Section 25.087(e) limits the
total number of absences excused to serve as a student early voting clerk or as
an election clerk under §25.087(b)(1) to two days in a school year.
§25.087(b-2), a district may excuse the absence of a student who is a junior or
senior for the purpose of visiting an accredited institution of higher
education if the district adopts a policy to determine when an absence will be
excused for that purpose and a procedure to verify the visit.
§25.087(b-4), a school district must excuse a student to visit with a parent,
stepparent, or legal guardian who is an active duty member of the uniformed
and has been called to duty for, is on leave from, or immediately returned from
continuous deployment of at least four months outside the locality where the
parent, stepparent, or guardian regularly resides. The absence must be taken
not earlier than the 60th day before the date of deployment or not
later than the 30th day after the date of return from deployment.
The total number of absences excused for this purpose may not exceed five days
in a school year.
§25.087(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.
student whose absence is excused under Subsections (b)-(c) described above may
not be penalized for the absence. Also, the district must allow the student a
reasonable time to make up missed school work If an absence is excused under
§25.087(b)-(c) and the student successfully completes the missed school work,
the student is included in average daily attendance for that day. A student
may not be included in average daily attendance for an absence that is excused
for a reason that is not included under §25.087 (b)–(c) except as provided by
19 T.A.C. §129.21(j) or (k).
Attendance for Course Credit
contains the provision of law commonly referred to as "the 90 percent rule,"
which applies to a student in any grade level from kindergarten through grade
12. Section 25.092 does not apply directly to open-enrollment charter
schools. However, some open-enrollment charter schools have included "the
90 percent rule" in their charters.
25.092 conditions credit or a final grade for a class on a student's attendance
for at least 90 percent of the days a class is offered. A student who is in
attendance for at least 75 percent, but less than 90 percent, of the days a
class is offered may be given credit or a final grade if the student completes
a plan approved by the principal that provides for the student to meet the
instructional requirements of the class. If the student is under the
jurisdiction of a court in a criminal or juvenile justice proceeding, the
student may not receive credit or a final grade by completing such a plan
without the consent of the presiding judge. The board of trustees is required
to appoint one or more attendance committees to hear petitions from students
who do not earn class credit or a final grade through a plan approved by the
principal. An attendance committee may give class credit or a final grade due
to extenuating circumstances. The board is also required to adopt policies
establishing alternative ways for such students to make up work or regain
credit or a final grade lost because of absences.
§25.092, a district may establish ways to make up work or regain credit or a
final grade that are workable in consideration of the circumstances. The
section does not require that students spend a certain amount of time in a
"Saturday school" or other educational setting equal to time missed during
regular school hours. The district should be prepared with other options that
give the student a reasonable opportunity to make up work or regain credit or a
final grade even under challenging circumstances, including excessive absences
that occur late in the school year. Additionally, this law is not intended to
penalize students for not attending a class before the student was enrolled in
Students, including migrant students or transfer students, who could not have
attended a class before enrollment should not have the days of class that
occurred before their enrollment counted against them for purposes of "the 90
percent rule". As with any other student, to receive credit a student who
enrolls after instruction for the year or semester has begun is required to
demonstrate academic achievement and proficiency of the subject matter as
required under §28.021 and 19 T.A.C. §74.26.
If a district offers an educational program outside of
regular school hours as a means for students to make up work and meet the level
of attendance required under §25.092, a district may charge a fee for such an
education program under §11.158(a)(15) and (h) with restrictions. The school
district may assess the fee only if the student returns a form signed by the
student's parent or other legal guardian stating that the fee would not create
a financial hardship or discourage the student from attending the program. The
fee may not exceed $50. Also, under §25.092(b) and (f), the board must provide
at least one alternative for making up work or regaining credit or a final
grade that does not require a student to pay a fee under §11.158(a)(15). The
availability of that alternative must be substantially the same as the
availability of an educational program for which a fee is charged.
III. Entitlement to Admission
25.001 applies to an open-enrollment charter school for the purposes of
determining whether the student meets the residency requirements for the
open-enrollment charter school's designated geographical boundary. Also, the
eligibility standards for prekindergarten programs, summarized in this part,
apply to an open-enrollment charter school. For more information
regarding open-enrollment charter school admissions, please see the
separate To the Charter Administrator Addressed letter relating to admission,
enrollment and withdrawal.
a district legally admits a school age Texas resident, the district may include
the student in its average daily attendance, unless the student is a high
To be eligible, the student must be at least be five years of age on September
1 of the applicable school year or at least three years of age and eligible for
prekindergarten enrollment. Except as provided in the following paragraph, the
student must be a person under the age of
21 on September 1 of the applicable school year who is not a high school
graduate or a person who is at least 21 years of age and under 26 years of age
on September 1 of the school year and has been admitted to complete the
requirements for a high school diploma.
An individual who is eligible for special education
services and is not a high school graduate is eligible for enrollment and
funding through the end of the school year or until graduation, whichever comes
first, if the individual is under the age of 22 on September 1 of the
applicable school year. A
student who is eligible for special education services, and who has graduated
from high school in accordance with 19 T.A.C. §89.1070(b)(2)(A), (B), or (C) or
(f)(3)(A), (B), or (C) 
but meets the age eligibility requirements, may receive additional educational
services (and be eligible for enrollment and funding) if the student's
admission, review, and dismissal (ARD) committee determines that services need
to be resumed. A student with a
disability who has graduated in accordance with 19 T.A.C. §89.1070(b)(1),(b)(2)(D),
(f)(1), (f)(2), or (f)(3)(D) is not eligible for special education services
under state or federal law or for the benefits of the Foundation School
or Other Status for Enrollment
age-eligible student is entitled to admission if any one (or more) of
the bases for admission in §25.001(b), (f), (g), or (g-1) apply to the
student. Most, but not all, of the bases require that the student live
in the district. It is important to consider that most students are entitled
to enrollment in at least one district regardless of with whom they
live. The exceptions under §25.001(d) apply only if the sole basis for the
student's entitlement to enroll is as a minor living in a different
district than the student's parent, guardian, or other person with lawful
control under a court order (for discussion of these exceptions, see
§25.001(b)(4) below). Please remember that, under the United States Supreme
Court decision in Plyler v. Doe, 102 S.Ct. 2382 (1982), a student's
immigration status is not a permissible basis for denying admission to a public
and Student in District
25.001(b)(1) entitles a student to admission if the student and either parent
reside in the district. Although this subdivision applies only if the student
and parent reside in the same district, it does not require that they live at
the same address. (For a student living in a different district, separate and
apart from a parent, guardian, or other person having lawful control of the
student under a court order, see §25.001(b)(4).)
Parent Only in
25.001(b)(2)entitles a student who resides in Texas but does not
reside in the district to admission if 1) a parent of the child resides in
the district and 2) the parent is a joint managing conservator, sole
managing conservator, or possessory conservator of the child. This provision
does not apply to all parents living apart from their children. It applies
only if the parent is a joint managing conservator, sole managing conservator,
or possessory conservator. Those designations are established by the order
of a court in a suit affecting the parent-child relationship under Title 5
of the Texas Family Code. If the parent's relationship with the child has not
been the subject of such a suit, this provision of §25.001(b) does not apply.
The designation by a court of a parent as a joint managing conservator, sole
managing conservator, or possessory conservator can occur under a number of
different circumstances, but occurs most commonly in relationship to a divorce
proceeding. A temporary order pending final disposition of a divorce action
would qualify a student for enrollment under this provision.
and Guardian or Person with Lawful Control in District
25.001(b)(3)entitles a student to admission if the student and
the student's "guardian or other person having lawful control of the [student]
under a court order reside within the school district." Although this
subdivision applies only if the student and the guardian or other person having
lawful control of the student under a court order reside in the same district,
it does not require that they live at the same address. (For a student living
separate and apart from a parent, guardian, or other person having lawful
control of the student, see §25.001(b)(4).)
To determine a student's entitlement under
§25.001(b)(3), a district must determine if a court order exists that
identifies a guardian or other person with lawful control residing in the
district. A child is entitled to admission if a court orders the placement of
the child with a person or in a facility in the district or if, pursuant to a
court order, an entity such as the DFPS or the Texas Juvenile Justice
Department places a child in the district. If such a court order exists, the
child is entitled to admission under this provision regardless of whether the
student would be ineligible under the exclusions of §25.001(d), which are
Student Only in
Section 25.001(b)(4), by reference to
§25.001(d), allows a student under 18 years of age to "establish a residence
for the purpose of attending the public schools separate and apart from the
[student's] parent, guardian, or other person having lawful control of the
[student] under a court order…."
However, the student's presence in the district may not be "for the primary
purpose of participation in extracurricular activities."
The district is not required to admit a student under §25.001(b)(4) and (d) if
(1) has engaged
in conduct or misbehavior within the preceding year that has resulted in:
(A) removal to a
disciplinary alternative education program (DAEP); or
engaged in delinquent conduct or conduct in need of supervision and is on probation
or other conditional release for that conduct; or
been convicted of a criminal offense and is on probation or other conditional
These exceptions apply only if a
student is living in a different district than the student's parent, guardian,
or other person with lawful control of the child under a court order. The
exceptions cannot be used to prevent a student eligible for admission under a
different provision of §25.001 from being enrolled, including homeless
students. Please consult this entire part to determine if another basis for
Proof of Residency
§25.001(d), "[t]he board of trustees shall determine whether an applicant for
admission is a resident . . . for purposes of attending the public schools" under
that subsection and "may adopt reasonable guidelines for making a determination
as necessary to protect the best interests of students(emphasis
ability to adopt guidelines should not be misinterpreted as the ability to
redefine the legal concept of residency established by our state law. The
traditional, basic residence criteria are living in the district and having the
present intention to remain there. See, Martinez v. Bynum, 461
U.S. 321, 330-333 (1983), Arredondo v. Brockette, 648 F.2d 425 (5th Cir.
1981). The board of trustees' authority is to provide guidelines that will
enable a student to substantiate his or her residency and enable the board to
determine if the student is a resident of the district. Residency is not defined
by an address on a driver's license, a signature on a lease, or the address on
a utility bill. These are indicators that may expedite verifying residency, but
the absence of such indicators is not conclusive that the student is not a
resident. Furthermore, the fact that a student is living in a household that
is leased or owned by someone outside the student's immediate family may be an
indicator that the student is homeless and entitled to admission under
25.001(b)(5)entitles a person who is "homeless" under 42 U.S.C. §11302
to admission "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." Therefore, a person who is homeless is entitled to admission
in any Texas school district.
The definition in 42 U.S.C. §11302 is similar, but not identical, to the
definition of "homeless children and youths" enacted in the federal No Child
Left Behind (NCLB) legislation in 2002. As the definition in the NCLB
legislation applies specifically under federal law to the enrollment of
homeless children and youth, the Texas Education Agency advises that school
districts apply the NCLB definition, in addition to the definition in 42 U.S.C.
§11302, when determining if a student is eligible for enrollment under
§25.001(b)(5). Both definitions are set out below. Under federal law,
homeless students may not be segregated from students who are not homeless,
prohibiting assignments to a "shelter school" or other segregated setting.
Limited exceptions are provided for a short period to deal with a health and
safety emergency or to provide temporary, special, and supplementary services
that are unique to the needs of homeless children.
For purposes of this chapter,
the terms "homeless", "homeless individual", and "homeless person" means--
individual or family who lacks a fixed, regular, and adequate nighttime
individual or family with a primary nighttime residence that is a public or
private place not designed for or ordinarily used as a regular sleeping
accommodation for human beings, including a car, park, abandoned building, bus
or train station, airport, or camping ground;
individual or family living in a supervised publicly or privately operated
shelter designated to provide temporary living arrangements (including hotels
and motels paid for by Federal, State, or local government programs for low-income
individuals or by charitable organizations, congregate shelters, and
individual who resided in a shelter or place not meant for human habitation and
who is exiting an institution where he or she temporarily resided;
individual or family who--
imminently lose their housing, including housing they own, rent, or live in
without paying rent, are sharing with others, and rooms in hotels or motels not
paid for by Federal, State, or local government programs for low-income
individuals or by charitable organizations, as evidenced by--
court order resulting from an eviction action that notifies the individual or
family that they must leave within 14 days;
individual or family having a primary nighttime residence that is a room in a
hotel or motel and where they lack the resources necessary to reside there for
more than 14 days; or
credible evidence indicating that the owner or renter of the housing will not
allow the individual or family to stay for more than 14 days, and any oral
statement from an individual or family seeking homeless assistance that is
found to be credible shall be considered credible evidence for purposes of this
no subsequent residence identified; and
the resources or support networks needed to obtain other permanent housing; and
unaccompanied youth and homeless families with children and youth defined as
homeless under other Federal statutes who--
experienced a long term period without living independently in permanent
experienced persistent instability as measured by frequent moves over such
be expected to continue in such status for an extended period of time because
of chronic disabilities, chronic physical health or mental health conditions,
substance addiction, histories of domestic violence or childhood abuse, the
presence of a child or youth with a disability, or multiple barriers to
42 U.S.C. §11434a provides:
* * * * *
(2) The term
"homeless children and youths"'--
(A) means individuals
who lack a fixed, regular, and adequate nighttime residence (within the meaning
of section 11302(a)(1) of this title); and
(i) children and
youths who are sharing the housing of other persons due to loss of housing,
economic hardship, or a similar reason; are living in motels, hotels, trailer
parks, or camping grounds due to the lack of alternative adequate
accommodations; are living in emergency or transitional shelters; are
abandoned in hospitals; or are awaiting foster care placement;
(ii) children and
youths who have a primary nighttime residence that is a public or private place
not designed for or ordinarily used as a regular sleeping accommodation for
human beings (within the meaning of section 11302(a)(2)(C)
of this title);
and youths who are living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings; and
children (as such term is defined in section 6399 of Title 20) who qualify as
homeless for the purposes of this part because the children are living in
circumstances described in clauses (i) through (iii).
42 U.S.C. §11432(g)(3)(A), the child must be allowed to attend either the
student's "school of origin" as defined in 42 U.S.C. §11432(g)(3)(G) ("the
school that the [student] attended when permanently housed or the school in
which the [student] was last enrolled") or the school serving the attendance
area where he or she is now located. Eligibility to enroll in any other school
in any school district is determined by local policy.
A student attending his or her "school of origin" who becomes permanently
housed during the school year is entitled to continue to attend that school for
the remainder of the school year.
25.001(b)(6)entitles a foreign exchange student to admission if the
student is placed with a host family that resides in the school district by a nationally
recognized foreign exchange program. The only exception is under the terms of
a waiver granted by the commissioner on application of a district under
§25.001(e). For a waiver to be granted, the admission of a foreign exchange
student must create one of three possible conditions. It must 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. The period of a waiver may not
exceed three years.
student who holds a J-1 foreign exchange visa is not required to pay tuition.
For information regarding tuition for a secondary school student as a condition
of holding a F-1 visa, see Part V of this letter regarding tuition.
in Residential Facility
Section 25.001(b)(7)entitles a student residing at a residential
facility located in the district to admission. A "residential facility" is
defined in §5.001(8) as follows:
a facility operated by a state agency or political subdivision, including a
child placement agency, that provides 24-hour custody or care of a person 22
years of age or younger, if the person resides in the facility for detention,
treatment, foster care, or any non-educational purpose; and
any person or entity that contracts with or is funded, licensed, certified, or
regulated by a state agency or political subdivision to provide custody or care
for a person under Paragraph (A).
§29.012, a residential facility is required to notify the school district in
which the facility is located of the placement of a person three years of age
The facility is required to give the notice not later than the third day after
the date of placement. A district should contact residential facilities in the
district to coordinate implementation of this notice provision. In general,
students placed in residential facilities are entitled to admission under other
provisions of §25.001. However, §25.001(b)(7) provides a uniform admissions
provision for children in such facilities. Additionally, the notice
requirement should generate communication between the facilities and school
districts that will promote efficiency in the provision of educational services
to these children.
25.001(b)(8)entitles a student residing in the district to admission if
the student is over 18 years of age or if the student is less than 18
years of age and has had the disabilities of minority removed through marriage
or as otherwise permitted by law.
25.001(b)(9)entitles a student who resides in Texas but does not
reside in the district to admission if a grandparent of the student resides
in the district and the grandparent provides a substantial amount of
after-school care for the student as determined by the local school board.
25.001(f) and (g) establishes special provisions for children in foster care.
Subsection (f) provides for tuition-free admission in the district in which the
foster parents reside. In addition, the subsection forbids the use of a
durational residence requirement to prohibit a foster child from participating
in any school-sponsored activity. Subsections (g) and (g-1) specifically
provide a student placed in the conservatorship of the DFPS with the option of
continuing to attend, without payment of tuition, the school in which the
student was enrolled immediately before entering conservatorship or any other
school in which the student enrolls while the student is in DFPS conservatorship
until the student successfully completes the highest grade level offered by the
school, regardless of the location of the student's residence or of whether the
student remains in conservatorship for the duration of the student's enrollment.
29.153 establishes additional eligibility criteria for prekindergarten programs
for three and four year olds. A child of the appropriate age is eligible for a
prekindergarten program if the child:
(1) is unable to speak
and comprehend the English language;
(2) is educationally
(3) is a homeless
(4) is the child or
stepchild of an active duty member of the armed forces, including state
military forces or a reserve component of the armed forces, who is ordered to
(5) is the child or
stepchild of a member of the armed forces, including state military forces or a
reserve component of the armed forces, who was injured or killed while serving
on active duty; or
(6) is or ever has
been in the conservatorship of the DFPS following an adversary hearing under
§262.201 of the Texas Family Code.
A district is required to offer
prekindergarten classes if the district identifies 15 or more children who are
eligible and are at least four years of age. A
school district may offer prekindergarten classes if the district identifies 15
or more eligible children who are at least three years of age. A
district may not charge tuition for a prekindergarten class except as provided
by §29.1531. Please see Part V of this letter for information regarding
tuition for additional prekindergarten services.
school district board of trustees' decision to deny admission that violates the
school laws of this state may be appealed to the commissioner of education
under §7.057(a). In an appeal under that section, the commissioner will review
the record developed at the district level to determine if the decision is
supported by substantial evidence.
at Least Age 21 but under Age 26
25.001(b-1) grants districts discretionary authority to admit students who are
at least 21 years of age and under 26 years of age on September 1 of the school
year and are admitted to complete the requirements for a high school diploma.
older students are not eligible for placement in a DAEP or a JJAEP. If a
student admitted under this discretionary authority engages in conduct that
would require such placement for a student under age 21, the district shall
revoke the student's admission into the public schools of the district.
§25.001(b-2), if a student admitted under Subsection (b-1) has not attended
school in the three preceding school years, the student 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. However, the
student may attend a school-sponsored event that is open to the public as a
member of the public.
older student admitted under §25.001(b-1) is entitled to Foundation School
Program funding under §42.003(a)(1). However, a student with a disability is
not eligible for either federal or state special education programs or funding
unless the student was under the age of 22 on September 1 of the applicable
school year. A student with a disability who no longer qualifies for special
education due to the student's age and who has not graduated must meet the
regular state graduation requirements regardless of whether the student
previously could have graduated under an IEP with different requirements.
Generally, students with disabilities will qualify for §504,
but that law does not allow modification of graduation requirements or provide
any additional funding. A public school may not deny admission based on
the presence of a disability, prior special education status, or §504 status.
district may choose to accept, as transfers, students who are not entitled to
enroll in the district under §25.001. Under §25.036, a transfer is for a
period of one school year.
The district may charge tuition under a transfer agreement to the extent
permitted under §25.038.
Address Confidentiality Program (ACP) is mandated by Subchapter C, Chapter 56, Texas
Code of Criminal Procedure. The rules of the Attorney General regarding the
program are in 1 T.A.C. Chapter 61, Subchapter K.
ACP is available to a person who is a victim of domestic violence, trafficking
of persons, sexual assault, or stalking. The goal of the program is keep the
victim's location confidential through the use of a substitute address and
mail-forwarding service. A substitute legal address (P.O. Box) is established
for the participant and is displayed on a participation card issued by the
Office of Attorney General. On presentment of a participant's card, the
statute and the rules require that state and local agencies accept the
substitute post office address in lieu of the person's actual address. The
substitute address has no relation to the participant's actual location within
The statutes described in this part apply
to open-enrollment charter schools in addition to school districts.
Requirements for Enrollment
Section 25.002 requires that a
child's prior school district or the person enrolling the child provide certain
records. The required records are 1) a birth certificate or other proof of
identity, 2) the child's records from the school most recently attended, and 3)
These are the only records statutorily required for enrollment. Student
social security numbers are used for purposes of the Public Education
Information Management System; however, a district or open-enrollment charter
will assign the student a state-approved alternative student identification
number if the student's social security number is not provided.
prior school district should promptly provide records to the enrolling district
that are needed for the appropriate placement and continued education of the
student, including records relating to §504 or to special education services
under the Individuals with Disabilities Education Act. Under §25.002, the
prior district must provide the records not later than the 10th
working day after the date a request for the records is received.
This requirement also applies to the transfer of records to or from other
public schools, including open-enrollment charter schools and JJAEPs.
districts and open-enrollment charter schools are required to participate in
the electronic transfer of student records through the Texas Records Exchange
(TREx). More information regarding TREx is available at http://tea.texas.gov/index4.aspx?id=25769817556.
furnished by a parent or other person with legal control of a child under a
court order must be furnished not later than the 30th day after the
date the child is enrolled. The 30-day provision is duplicated in Subsection
(g) in relation to a child taken into possession by the DFPS
under Chapter 262 of the Texas Family Code. A school district is specifically
required to accept the child for enrollment without the records required under
§25.002, but the DFPS is required to furnish such records not later than the 30th
day after the date the child is enrolled.
school district or open-enrollment charter school may not prohibit a student
from attending school pending receipt of transcripts or records from the school
district the student previously attended.
Additionally, the failure of a prior district or the person enrolling the
student to provide identification or school records under §25.002 does not
constitute grounds for refusing to admit an eligible student. However, if
identifying records are not furnished within the 30-day period, §25.002(c)
requires the district to notify law enforcement and request a determination of
whether the student has been reported as missing. This requirement applies
regardless of the student's age. If a student is enrolled under a name other
than the name in the identifying documents, the school district is required to
notify the missing children and missing person's information clearinghouse
under §25.002(b). The notice is confidential. (Please note that a student must
be enrolled under the student's legal surname; see subsequent summary of
respect to homeless students, a school district or open-enrollment charter
school is required under federal law to enroll a homeless student immediately,
even if the student is unable to produce records normally required for
Absence of Parent or Guardian
the 1995-1996 and 1996-1997 school years, a school district was required under
§25.002(f) to notify the Department of Protective and Regulatory Services
if a child was enrolled by a person other than the child's parent, guardian, or
other person with legal control of the child under a court order. The district
was then to send parental communication regarding that child to DPRS or whomever
DPRS directed. During the 1997 legislative session, the section was amended by
removing the requirement to notify DPRS. The amendment did not remove the
first sentence of §25.002(f), but that sentence is no longer effective because
the referenced exception was removed. The district must determine with whom
communication regarding the child is appropriate as the DPRS is no longer a
default. The absence of a parent, guardian, or other person with legal
control of a child under a court order is not grounds for refusing
admission to which a child is entitled under §25.001.
of whether or not a child's parent, guardian, or other person with legal
control of the child under a court order is enrolling a child, under §25.002(f)
as amended in 2001, a district is required to record the name, address, and
date of birth of the person enrolling a child.
to the exceptions in §38.001(c), a student is required to be fully immunized
against certain diseases. However, under §38.001 a student may be
provisionally admitted if the student has begun the required immunizations and
continues to receive the necessary immunizations as rapidly as medically
feasible. Except as provided by §38.001(c), a student who is not fully immunized
and has not begun the required immunizations may not attend school.
§38.019, a school district that maintains an Internet website is required to
post prominently on the website, in English and Spanish, lists of the
immunizations required for admission to public school, any additional
immunizations recommended by the Department of State Health Services (DSHS),
and health clinics in the district that offer influenza vaccine. The district
must also post a link to the DSHS website information relating to claiming an
exemption from immunization requirements. This information is available at
Use of Legal
25.0021requires that a public school identify a student by that
student's legal surname as it appears on the student's birth certificate or
other document suitable as proof of the student's identity or in a court order
changing the student's name.
Texas Code of Criminal Procedure School
are additional requirements relating to school records in Chapter 63 of the
Texas Code of Criminal Procedure, which relates to the missing children and
missing person information clearinghouse in the Department of Public Safety.
The requirements apply to the records maintained by primary schools for
children under the age of 11.
a child under the age of 11 initially enrolls in a primary school, the school
is required to take the following steps:
Request from the person enrolling the child the name of each previous school
attended by the child.
Request from each school the school records for the child or, if the person
enrolling the child provides the records, request verification from the school
of the child's name, address, birth date, and grades and dates attended.
Notify the person enrolling the student that not later than the 30th
day after enrollment, or the 90th day if the child was not born in
the United States, the person must provide a certified copy of the child's
birth certificate or other reliable proof of the child's identity and age with
a signed statement explaining the inability to produce a copy of the birth
4. If the person enrolling
the child does not provide valid prior school information or the required
documentation, the school shall notify the appropriate law enforcement agency
before the 31st day after the person fails to comply. The failure to provide
records does not constitute grounds for refusing to admit an eligible student.
of Children Identified as Missing
When a law enforcement agency receives a
report that a child under 11 years of age is missing, the law enforcement
agency or the clearinghouse will notify each primary school in which the child
has been enrolled or has attended. When the school receives the notice, the
school is required to take the following steps:
1. Flag the child's records that are
maintained by the school.
On receipt of a request regarding the child made in person:
require the requesting party to complete a form stating the person's name,
address, telephone number, and relationship to the child and the name, address,
and birth date of the child;
obtain a copy of the requesting party's driver's license or other photographic
identification, if possible; and
notify law enforcement or the clearinghouse that a request for a flagged record
has been made, enclosing a physical description of the requesting party, the
identity and address of the requesting party, and a copy of the requesting
party's driver's license or other photographic identification.
On receipt of a request regarding a child that is made in writing, notify law
enforcement or the clearinghouse and include a copy of the request.
Do not disclose to the requesting party that the request concerns a missing
notifying law enforcement, mail a copy of the requested record to the
requesting party on or after the 21st day after the date of the
the return of a missing child whose records have been flagged, the law
enforcement agency or the clearinghouse will notify each primary school the
child has attended. On receipt of that notification, the school shall remove
the flag from the records. A school that has reason to believe a missing child
has been recovered may request confirmation of that from the appropriate law
enforcement agency or the clearinghouse. If a response is not received after
the 45th day after the date of the request for confirmation, the
school may remove the flag from the record and notify the law enforcement
agency or the clearinghouse that the flag has been removed.
Relationship to FERPA
a school receives a request for records, the school first needs to consider
whether the information may be released at all. The provisions in the Texas
Code of Criminal Procedure do not replace the limitations on the disclosure of
educational records that are found in the federal Family Educational Rights and
Privacy Act (FERPA).
FERPA prohibits the disclosure of educational records to persons other than the
student's parent, guardian, or an individual acting as a parent in the absence
of a parent or guardian or, if age 18 or older, the student, unless the
disclosure comes within certain exceptions provided under FERPA.
If the requestor is someone other than the student's parent or guardian, an
individual acting as a parent in the absence of a parent or guardian, or the
student, if age 18 or older, the district should still notify law enforcement
of the request but may not release the records to the requestor unless consent
to the release is obtained or a FERPA exception to the general requirement for
consent applies. Whether or not the information is released, the school may
not disclose to any requestor (including a parent, guardian, individual
acting as a parent, or student) that the request concerns a missing child.
to Public Information Act
63.021(c) of the Texas Code of Criminal Procedure requires that a school wait
21 days before mailing copies of flagged records to a requestor. However, the
Public Information Act provides that "[i]f an officer for public information
cannot produce public information for inspection or duplication within 10
business days after the date the information is requested . . . , the officer
shall certify that fact in writing to the requestor and set a date and hour
within a reasonable time when the information will be available for inspection
Due to this provision, a district should notify a requestor within 10 business
days that the records will be mailed on a certain date that is on or after the
21st day after the request is received.
for free prekindergarten is determined under §29.153. In addition to free
prekindergarten, under §29.1531 a school district or an open-enrollment charter
school may provide, on a tuition basis
or using district funds, an additional half-day of prekindergarten for children
eligible for classes under §29.153 or offer prekindergarten classes for
children not eligible under §29.153.
district that offers a prekindergarten program on a tuition basis must submit
the proposed tuition rate to the commissioner for approval. The tuition rate
may not exceed the amount necessary to cover the added costs of providing the
program, including any costs associated with collecting, reporting, and
analyzing certain related data.
or Other Visa Requiring Payment of Tuition
25.0031 authorizes a school district or open-enrollment charter school to
charge tuition equal to the full unsubsidized per capita cost of providing a
student's education to a student who is required to pay such costs as a
condition of obtaining or holding an appropriate United States student visa.
The amount of the tuition may not be greater than the amount computed under
commissioner guidelines unless the commissioner approves a greater amount as a
more accurate computation of the costs. The student is not counted for
purposes of allocating state funds to the school district or open-enrollment
authority applies to a secondary school student holding an F-1 visa. Federal
law permits a nonimmigrant F-1 immigration status for public secondary school
if the aggregate period of study at the school will not exceed twelve months
and the student reimburses the secondary school for the full unsubsidized per
capita cost of the student's education.
Under federal law, a nonimmigrant may not be granted an F-1 visa in order to
pursue a public elementary or publicly-funded adult education program.
than tuition related to prekindergarten or to certain visas discussed above, an
open-enrollment charter school may not charge tuition.
A school district may charge tuition only if it is specifically authorized to
do so by statute or under the constitution. If your district is charging
tuition for any purpose, please review the statutes to determine if there is
authority for the tuition. Statutes authorizing tuition under certain limited
circumstances include §§25.003 (Certain Children from Other States), 25.038
(Transfer Students), 25.039 (Contract for Education Outside District),
25.041 (Children of State School Employees), and 25.042
(Children of Employees of Texas Juvenile Justice Department Facilities).
hope this summary is helpful to you in preparing for the 2015-2016 school
year. If you have questions about the statutory provisions summarized in this
letter, you are welcome to contact the Office of Legal Services by phone at
(512) 463-9720 or by email at email@example.com.
Byer, General Counsel
 For additional
information relating to open-enrollment charter schools, see the Charter
Administrator Addressed letter regarding Admission, Enrollment, and Withdrawal.
 H.B. 2398, Acts of
the 84th Legislature, Regular Session, 2015, effective September 1,
2015. All bills cited in this letter are available at http://www.capitol.state.tx.us/. The bills cited
are currently in effect unless otherwise noted.
 H.B. 2398, Id.
(See Judicial Enforcement page 4.)
 The exemptions do
not relieve a school district from its responsibility to provide a free
appropriate public education to a child with a disability. §25.086(b).
 A county with a
population greater than 125,000 is not required to have a JJAEP if its
population was 125,000 or less according to the 2000 federal census and the
county enters into the memoranda of understanding required under §37.011(a-1).
Under §37.011(a-2), a county with a population
greater than 125,000 is not required to have a JJAEP if
the county has a population of 180,000 or less; is adjacent to two counties,
each of which has a population of more than 1.7 million; and has seven or more
school districts located wholly within the county's boundaries. This exception
is currently applicable to Ellis County.
§37.011(a-3), a county with a population greater than 125,000 is considered to
be a county with a population of 125,000 or less if the county has a population
of more than 200,000 and less than 220,000; has five or more school districts
located wholly within the county's boundaries; and has located in the county a
juvenile justice alternative education program that, on May 1, 2011, served
fewer than 15 students. The district must provide education services to
expelled students as provided by §§37.011(a-4) and (a-5). This exception is
currently applicable to Smith County.
 34 C.F.R.
 As of the date of
this letter, GED
Testing Service, LLC, is the sole provider of high school equivalency testing
in Texas. High school equivalency information is available at http://tea.texas.gov/GED.html
 A list of courts
designated as truancy courts is found in §65.004, Texas Family Code, as added
by H.B. 2398, supra.
 For the elements
of "truant conduct, see §65. 003, Texas Family Code, as added by H.B. 2398, supra.
 This issue is
addressed further in an Administrator Addressed letter dated November 13, 2001.
The letter can be found at http://ritter.tea.state.tx.us/taa/legal011113.html. The analysis in
the letter applied to enforcement provisions in §25.094 and in §51.03, Texas
Family Code, prior to the effect of H.B. 2398, applies to §65.003, Texas Family
Code, as enacted in H.B. 2398.
statutes regarding delivery of a child to school by a law enforcement officer
or a person authorized to take a child into custody include
§§52.01(e), 52.02(a)(7), and 52.026(a), Texas Family Code.
 In addition to the
truancy prevention measures required in every district under §25.0915,
committees in certain counties are required under §25.0916, as amended by H.B.
2398, supra, to adopt a uniform truancy policy not later than May 1,
2016, that establishes certain uniform policies and procedures for truancy
cases in the county.
 Section 65.002(a)(1)
and 65.003, Texas Family Code, as added by H.B. 2398, supra.
 Section 25.0915(c)
as amended by H.B. 2398, supra.
25.0915(c)(3) and 25.0915(d), as amended by H.B. 2398, supra.
 For purposes of
§25.093, "parent" is defined to include "a person standing in parental
25.093(h), and §65.003(c), Texas Family Code.
 Section 65.003(c),
Texas Family Code.
 Section 25.085(g),
as added by H.B. 2398, supra.
 Section 25.085(e),
as amended by H.B. 2398, supra.
 Section 25.085(h),
as added by H.B. 2398, supra.
 Section 25.085(f),
as amended by H.B. 2398, supra.
 As discussed in
Part II of this letter, excused absences are counted in determining
whether a student is in compliance with the attendance requirements for
class credit, but local policies under §25.092 regarding the award of class
credit may take into account whether an absence is excused.
 S.B. 206, Acts of
the 84th Legislature, Regular Session (2015).
 For student
attendance accounting for state funding, the number of excused days for travel
under §25.087(b)(1) is limited to not more than one day to and one day from the
site of the applicable event. 19 T.A.C. §129.21(j)(3).
 See §1355.015(b),
Texas Insurance Code, for a description of "health care practitioner".
§25.087(b-3), "generally recognized service" includes applied behavioral
analysis, speech therapy, and occupational therapy.
 Under Chapter 162,
The Interstate Compact on Educational Opportunity for Military Children,
"uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast
Guard, as well as the Commissioned Corps of the National Oceanic and
Atmospheric Administration, and Public Health Services.
 See also
§25.092(a-2), §25.092(a) does not apply to a student who receives credit by
examination for a class under §28.023.
Tarkington I.S.D., 167-R5-293 (Comm'r Educ. 1993).
 A student who has
received a high school equivalency certificate, or who has been court ordered
to obtain a high school equivalency certificate, is still eligible to enroll to
complete the requirements for a high school diploma if the student chooses; provided
all other eligibility requirements are met. See Section 3.3.10 of the
Student Attendance Accounting Handbook at http://tea.texas.gov/index2.aspx?id=25769817607.
 As of the date of
this letter, proposed revisions to 19 T.A.C. §89.1070 are pending. Please visit http://tea.texas.gov to access both proposed and adopted rules.
 See also §25.001(c) (board
may require evidence of residency, may establish minimum proof of residency,
and may make reasonable inquiries to verify eligibility for admission).
 42 U.S.C.
§§11432(e)(3)(A) and 11433(a)(2)(B).
 Due to the
amendment of §11302(a), currently the correct cross-reference is §11302(a)(2).
 Section 29.012
does not apply to a residential treatment facility for juveniles established
under §221.056, Texas Human Resources Code.
 Under §33.904,
each school district and open-enrollment charter school is required to appoint
at least one employee as a liaison officer to facilitate the enrollment in or
transfer to a public school of a child in the district who is in the
conservatorship of the state. Information for liaison officers is available at
disadvantaged" means "eligible to participate in the national free or reduced
price lunch program". See §5.001(4).
 As defined in 42
U.S.C. §11434a(2). See discussion of §25.001(b)(5) above.
 Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. §794.
Skidmore-Tynan Independent School District, 026-R5-1110 (Comm'r Educ.
 On enrollment, a
school district is required to request food allergy information under §25.0022,
but provision of the information is not required for enrollment.
 In addition, §25.007(b)(1)
provides that the school records of students who are homeless or who are in
foster care must be provided not later than the 10th working day
after the date the student begins enrollment at a new school. (Reference to
homeless students added by S.B. 1494, Acts of the 84th Legislature,
Regular Session (2015).
 The requirements
of §25.002 apply regardless of whether the student has unreturned instructional
materials or technological equipment. Under §31.104(d), a school district has
discretion to withhold the records of a student if the student has not returned
or paid for instructional materials or technological equipment. This
discretionary authority does not exempt a school district from the
mandatory provision in §25.002 to send records to another public school in
which the student is enrolling. In situations in which there is not a
conflicting mandate, the district may implement the discretionary authority
under §31.104(d). For definitions of "instructional materials" and "technical
equipment", see §31.002.
statute refers to the Department of Protective and Regulatory Services, which
is the predecessor to DFPS.
 If the child was
previously enrolled in a Texas public school, the school is required to forward
records through TREx in the same manner as for any other student within the
same time period of 10 working days.
 19. T.A.C.
 42 U.S.C.
 The department's
name has changed to Department of Family and Protective Services.
 Certain close
relatives who are not a child's legal guardian may have express authority to
enroll a child in school pursuant to an authorization agreement under Chapter
34, Texas Family Code. The form required for this purpose is State of Texas
Form 2638 available on the DFPS website at http://www.dfps.state.tx.us/Site_Map/forms.asp.
 For further
information regarding immunization requirements, immunization exemptions, and
immunization documentation, please contact the Department of State Health
Services. Information about immunization and the department's Immunization
Branch is available at http://www.dshs.state.tx.us/immunize/default.shtm.
 If a school
district has documentation that a certified birth certificate was provided when
a student initially enrolled in the district, the original may be returned to
the person enrolling the child. Also, it is not necessary for the birth
certificate to be provided again in the event the student transfers to another
school in the same district.
 20 U.S.C. §1232g
and 34 C.F.R. Part 99.
 A FERPA
exception, found in 34 C.F.R. §99.31(a)(2), permits disclosure to another
school in which the student is enrolling, which is required by §25.002.
63.021(d), Texas Code of Criminal Procedure.
552.221(d), Texas Government Code.
 Tuition may not be
charged under §29.1531 for a student, including an eligible student served a
full day, whose attendance is funded through a prekindergarten grant awarded by
the commissioner under §29.155. However, no grants are available under §29.155
for the 2015-2016 school year due to lack of funding for that purpose.
 For purposes of
student attendance accounting codes, the appropriate code for the student is
"ineligible full-day" or "ineligible half-day," depending on the student's
schedule. See Section 3 of the Student Attendance Accounting Handbook,
which is available at http://tea.texas.gov/index2.aspx?id=25769817607.
 A school district
or open-enrollment charter school may not provide a signature on an I-20
certificate of eligibility for a student seeking a F-1 visa unless the
student is paying the tuition authorized under §25.0031.
 The maximum
tuition under this section is affected by 19 T.A.C. §61.1012.
 As amended by H.B.
1549, Acts of the 84th Legislature, Regular Session (2015).