Right of Student to Enroll in School Today

In cases where school staff is not aware of the student’s right to enroll and/or other obligations the school has to ensure the student makes a smooth transition back to school, print and share this handout with school staff. To print, click the Print This Page button at the bottom of the handout.

This student has the right to enroll in school today. Please review the guidance below explaining this student’s right to enroll at your campus and other obligations the school has to ensure the student makes a smooth transition back to school.


Missing Records

Student’s Age – High School: Under TEC §25.001(a), a Texas public school student must be under the age of 21 on September 1 of the current school year and not have a high school diploma in order to enroll in school. If the student meets these conditions, you must enroll them even if they are “over-aged” for the grade level they are enrolling in.

Student’s Age – Middle School: There is no law or policy that prevents a child who is “over-aged” from enrolling in middle school. If the student has not been promoted to the 9th grade, they are ineligible to enroll in high school and must therefore be enrolled in middle school in order to then be promoted to high school, or receive the instruction needed to demonstrate mastery of middle school level curriculum.

Disciplinary Alternative Education Program Enrollment: Students who may be sent to a DAEP upon return to a school district must still be enrolled at their home campus while the district arranges for enrollment in the DAEP.

Probation Status: A student’s probation status is confidential and a student is not required to disclose their probation status or the nature of their alleged offense for the purpose of enrolling in school. Under Texas Code of Criminal Procedure (TCCP) §15.27(a), a school district’s superintendent will be notified of certain offenses and will then share that information with the student’s principal. If the principal has not been informed about the student’s alleged offense by the district’s Superintendent or their designee, then the principal and other school staff are not entitled to that information.

Student Obtained GED: Under TEC § 29.087(h), a student who has obtained their GED is still entitled to attend school in order to earn their high school diploma and is entitled to the benefits of the Foundation School Program in the same manner as any other student who has not received a high school diploma.

Personalized Transition Plans

Under TEC §37.023, schools are required to hold a transition meeting within five days of a student’s release from a Disciplinary Alternative Education Program (DAEP), Juvenile Justice Alternative Education Program (JJAEP), or juvenile justice facility to develop a personalized transition plan.

Who may participate in the meeting?

What are some things the committee can recommend at the transition meeting?

Houston ISD’s Transition Meeting Template (PDF, 129 KB) can be used during the transition meeting to guide the discussion and document the student’s plan.


Publication Code: ED33

This handout is part of the Texas School Reentry Toolkit.


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Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.

The handout is not intended to and does not replace an attorney’s advice or assistance based on your particular situation.

To request this handout in ASL, Braille, or as an audio file, contact us.