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

What Does The 90% Rule Mean For Your Child?

• In addition to Texas compulsory attendance laws, districts are required to enforce the 90% rule which states that students in grades Kindergarten through 12^th must attend class for 90% of the time it is offered to receive credit or a final grade.  This rule applies even if your child has an IEP or 504 Plan. 

• The average school year is 180 days.  This means your child can only miss 18 days (or parts of a day) of school or 18 days (or parts of a day) of a specific class.  If the school is on a semester schedule, this number is cut in half.

• 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.

•  The 90 percent rule applies to all absences (excluding those exempt by law), including excused absences.

• For elementary students, this means they could repeat a grade if they are in school less the 90% of school days.  A middle or high school student may have to repeat a class that they received a passing grade in if they did not attend that class at least 90% of the days of the class. 

What Can You Do If Your Child Falls Below 90% Compulsory Attendance?

• If the student drops below 90% attendance but attends class at least at 75% of the days the class is offered, the student may earn credit for the class by completing a plan approved by the principal or campus attendance review committee which allows the student to fulfill the instructional requirements for the class. 

• If a student falls below the 75% attendance rate or has not completed the plan approved by the principal, the student will be referred to the Campus Attendance Review Committee and they will review the reasons for your student's absences, review performance, and determine if there are extenuating circumstances for the absences.  If extenuating circumstances exists, the committee will develop a plan that will allow the student to regain credit or a final grade lost due to attendance.  Each plan will be unique and based on individual student's circumstances.

• The student or parent may appeal the Attendance Review Committees decision to the building principal. 

Which Absences are Exempt From The 90% Rule?

State law allows for exemptions to the compulsory attendance requirements for several types of absences if the student makes up all assigned work and turns in the appropriate documentation.  In addition, the appointment must be for the student.  The following activities are exempt:

All Grade Levels

• Religious Holy Day

• Required Court Appearance

• Activities Related to US Citizenship

• Documented Health Care Appointments (must attend school on the same day as the appointment)

• Students in the Conservatorship of the State

• Students of Military Families

Secondary Grade Levels

• College Visit (11^th & 12^th Grade Only)

• Students Pursuing Enlistment in the Armed Services

• Serving as an Early Voting or Election Clerk

• Sounding Taps at a Funeral