Regular school attendance is essential for a student to make the most of his or her education—to benefit from teacher-led and school activities, to build each day’s learning on the previous day’s, and learning to grow as an individual. Absences from class may result in serious disruption of a student’s mastery of the instructional materials; therefore, the student and parent should make every effort to avoid unnecessary absences. Two state laws, one dealing with compulsory attendance, the other with attendance for course credit, are of special interest to students and parents. They are discussed below:
Compulsory Attendance – TEC 25.085 State law requires that a student between the ages of six and 18 attend school, as well as any applicable accelerated instruction program, extended year program, or tutorial session, unless the student is otherwise excused from attendance or legally exempt.
A student who voluntarily attends or enrolls after his or her 18th birthday is required to attend each school day. If a student 18 or older has more than five unexcused absences in a semester, the district may revoke the student’s enrollment. The student’s presence on school property thereafter would be unauthorized and may be considered trespassing.
School employees must investigate and report violations of the state compulsory attendance law. A student absent without permission from school, from any class, from required special programs, such as additional special instruction (termed ― accelerated instruction by the state) assigned by a grade placement committee and basic skills for ninth graders; or from required tutorials will be considered in violation of the compulsory attendance law and subject to disciplinary action.
A court of law may also impose penalties against both the student and his or her parents if a school-aged student is deliberately not attending school. A complaint against the parent may be filed in court if the student:
Is absent from school on ten or more days or parts of days within a six-month period in the same school year, or
Is absent on three or more days or parts of days within a four-week period. If the student is over age 18, the student’s parents shall not be subject to penalties because of their child’s violation of state compulsory attendance law. [See FEA(LEGAL) and pages 11-14]
Exemptions to Compulsory Attendance
State law allows exemptions to the compulsory attendance requirements for several types of absences if the student makes up all work. These include the following activities and events:
Religious holy days;
Required court appearances;
Activities related to obtaining United States citizenship;
Service as an election clerk; and
Documented health-care appointments, including absences for recognized services for students diagnosed with autism spectrum disorders. A note from the health-care provider must be submitted upon the student’s return to campus.
In addition, a junior or senior student’s absence of up to two days related to visiting a college or university will be considered an exemption, provided the student receives approval from the campus principal, follows the campus procedures to verify such a visit, and makes up any work missed.
Attendance for Credit – TEC 25.092
To receive credit in a class, a student must attend at least 90 percent of the days the class is offered. A student who attends at least 75 percent but fewer than 90 percent of the days the class is offered may receive credit for the class if he or she completes a plan, approved by the Principal that allows the student to fulfill the instructional requirements for the class. If a student is involved in a criminal or juvenile court proceeding, the approval of the judge presiding over the case will also be required before the student receives credit for the class.
If a student attends less than 75 percent of the days a class is offered or has not completed a plan approved by the principal, then the student will be referred to the attendance review committee to determine whether there are extenuating circumstances for the absences and how the student can regain credit, if appropriate. [See policies at FEC] On the 10th absence for the fall and the 11th absence for the spring, whether excused or unexcused, students will be expected to serve an attendance school for day(s) missed. If no attempt is made to serve these attendance schools, the attendance appeal may be denied.
In determining whether there were extenuating circumstances for the absences, the attendance committee will use the following guidelines:
All absences will be considered in determining whether a student has attended the required percentage of days. If makeup work is completed, absences for religious holy days and documented health-care appointments will be considered days of attendance for this purpose. [See policies at FEC LOCAL.]
A transfer or migrant student begins to accumulate absences only after he or she has enrolled in the district. For a student transferring into the district after school begins, including a migrant student, only those absences after enrollment will be considered.
In reaching a decision about a student’s absences, the committee will attempt to ensure that it is in the best interest of the student.
The committee will consider the acceptability and authenticity of documented reasons for the student’s absences.
The committee will consider whether the absences were for reasons over which the student or the student’s parent could exercise any control.
The committee will consider the extent to which the student has completed all assignments, mastered the essential knowledge and skills, and maintained passing grades in the course or subject.
The student or parent will be given an opportunity to present any information to the committee about the absences and to talk about ways to earn or regain credit.
The student or parent may appeal the committee’s decision to the board of trustees by filing a written request with the superintendent in accordance with policy FNG (LOCAL).