Texas School Absences: How Many Days Can You Legally Miss?

Photo byEl Paso Independent School District via Smugmug

The new school year is underway, and while students are counting the days until the next break, schools are counting attendance.

In Texas, school funding is contingent on attendance. This means school districts rely on kids showing up to class to finance their annual budget.

Too many missed instructional days, and the school misses out on much needed funding. And the student risks being labeled "chronically absent.”

To ensure both maximum funding and that the child has the best chance for academic success, the 90% rule comes into play.

How Many Days of School Can You Legally Miss in Texas? The 90% Rule

Texas Education Code Section 25.092 states that a student must attend a class at least 90 percent of the days the class is offered to get credit for that class.

The average school year is 180 days. So, your child can only miss 18 days of school or 18 days of a specific class (or 9 days if they’re on a semester schedule) before the 90% rule affects their class credit.

This applies to all absences including excused absences, but excluding absences exempt by law.

The actual number of days one can miss will vary depending on the number of instructional minutes or days a school district is required to operate per school year.

The state code requires that schools operate a school year for each campus that includes a minimum of 75,600 minutes over the course of the school year. Open enrollment charter schools approved prior to January 1, 2015, are permitted to operate on the basis of a 180-day calendar.

In El Paso, for example, the Socorro Independent School District approved 77,400 instructional minutes (173 days) for 2024 – 2025 school year while the El Paso Independent School District school year is 180 days.

Related: Key Dates to Know for El Paso Schools: 2024-2025

Photo byvia Canva

Consequences of Chronic Absenteeism

In Texas, missing at least 10% of the school year not only affects a student's performance, but chronic absenteeism may result in major consequences for both the student and his or her parent(s).

According to a report on chronic absenteeism in El Paso by Claudia Lorena Silva, El Paso Matters, “Texas truancy courts may require parents to participate in counseling, take special classes or do community service.”

Additionally:

Parents could also face fines and up to three days in jail if they do not comply. They can also face misdemeanor charges if they are found criminally negligent for not forcing their children to go to school, according to the Texas Education Code.

Students with five or more unexcused absences in a semester can also have their enrollment revoked, which could prevent a student from graduating or progressing to the next grade.”

Even with everyone making their best effort, it is likely your child is going to miss some days.

There are options for students who fall below 90% attendance but who attend at least 75% of the days class is offered. Consult your parent and student handbook or reach out to the child’s school front office for more information.

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