RNEY GENERAL
OF XAS
March 28, 1960
Mr. Jack Fields Opinion No. WE-822
County Attorney
P. 0. Box 774 Re: Under Art. 297, Penal Code,
Port Lavaca, Texas State of Texas, does the com-
pulsory school attendance
period,commence on the first
day of the opening of the
school term unless otherwise
authorized by the District School
Dear Mr. Fields: Trustees and related questions..
You have asked the following questions:
"1. Under Article 297, Penal Code, State of
Texas, does the compulsory school attendance period
commence on the first day of the opening of the
school term unless otherwise authorized by the Dis-
trict School Trustees and notice given by the Trustees.
"2. Assuming all legal notices according to law
are given; would a person standing in parental rela-
tion to a child within the compulsory school attendance
ages, who is not properly excused from attendance upon
school for some exemption providedcby law and said
person standing in parental relation to said child
fails and/or refuses to require such child to attend
school regularly for 120 days, commencing on the first
day of the opening of the school term unless otherwise
authorized by the District School Trustees and notice
given by the Trustees; be subject to prosecution on the
second day of such school term, or at a time shortly
thereafter, that would be deemed a reasonable time to
allow said parent to comply with said article."
Article 297 of the Texas Penal Code reads a6 follows:
"Every child in the State who is seven (7) years
and not more than sixteen (16) years of age shall be re-
quired to attend the public schools in the district of
its residence, or in some other district to which it may
be transferred as provided by law, for a period of not
less than one hundred and twenty (120) days annually.
The period of compulsory school attendance at each school
Mr. Jack Fields, Page 2. (Ww-822)
shall begin at the opening of the school term unless
otherwise authorized by the district school trustees and
notice given by the trustees prior to the beginning of
such school term; provided, that no child shall be re-
quired to attend school for a longer period than the
maximum term of the public school in the district where
such child resides." (Emphasis added.)
The answer to your first question is: Yes. The statement in the
Act that the period of compulsory school attendance "shall begin at the
opening of the school term, unless otherwise authorized" means the period
shall begin on the ,firstday of the opening of the school term unless other-
wise authorized.
Article 299 of the Texas Penal Code reads as follows:
"If any parent or person standing in parental
relation to a child within the compulsory school
attendance ages who is not properly excused from
attendance upon school for some exemption provided
by law fails to require such child to attend school
regularly for such period as is required by law, it
shall be the duty of the attendance officer who has
jurisdiction in the territory where said parent or
person standing in parental relation resides, to
warn such parent or person standing in parental re-
lation that this law must be immediately complied
with, and upon failure of said parent or person
standing in parental relation to immediately comply
with this law after such warning has been given, the
official discharging the duties of the attendance
officer shall forthwith file complaint against such
parent or person standing in parental relation to
said child, which complaint shall be filed in the
County Court, or in the Justice Court in the precinct
where such parent or guardian resides. Any parent or
other person standing in parental relation upon
conviction for failure to comply with the provisions
of this law shall be fined for the first offense five
dollars, and for the second offense ten dollars, and
for each subsequent offense twenty-five dollars.
Each day that said child remains out of Said school
after said warning has been given or after said child
has been ordered in school by the Juvenile Court, may
constitute a separate offense." (Emphasis supplied.)
After warning or notice as prescribed by Article 299 of the Penal
Code the parent or person standing in parental relation to a child must com-
Mr. Jack Fields, Page 3. (Ww-822)
ply immediately with the provisions of said Article by requiring the child
to attend school regularly or he would be subject to prosecution. Whether
such persons have complied immediately with such notice or warning is a
question of fact for the Court or Jury.
SUMMARY
1. The period of compulsory school at-
tendance under Article 297, Texas
Penal Code, commences on the first day
of the opening of the school term un-
less otherwise authorized by the Dis-
trict School Trustees and notice given
by the Trustees.
2. After warning or notice as prescribed
by law the parent or person standing in
parental relation to a child must com-
ply immediately with the provisions of
Article 299, Penal Code, by requiring the
child to attend school regularly or be
subject to prosecution.
Yours very truly,
WILL WILSON
Attorney General of Texas
I
Cecil Cammack, Jr.
Assistant Attorney General
CC:aw
APPROVED:
OPINION COMMITTEE;
W. V. Geppert, Chairman
W. Ray Scruggs
J. Arthur Sandlin
Fred W. Werkenthin
Marietta Payne
REVIEWED FOR THE ATTORNEY GENEPAL
BY:
Leonard Passmore