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Texas Education Code 25.092 - Minimum Attendance for Class Credit

Texas Codes > Education Code > Title 2 > Subtitle E > Chapter 25 > Subchapter C > § 25.092 - Minimum Attendance for Class Credit


Current as of: 2009

(a) Except as provided by this section, a student may not be given credit for a class unless the student is in attendance for at least 90 percent of the days the class is offered.

     (a-1)  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 for the class if the student completes a plan approved by the school's principal that provides for the student to meet the instructional requirements of the class.  A student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit under this subsection without the consent of the judge presiding over the student's case.

     (b)  The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit by students who are in attendance fewer than the number of days required under Subsection (a) and have not earned class credit under Subsection (a-1).  Classroom teachers shall comprise a majority of the membership of the committee.  A committee may give class credit to a student because of extenuating circumstances.  Each board of trustees shall establish guidelines to determine what constitutes extenuating circumstances and shall adopt policies establishing alternative ways for students to make up work or regain credit lost because of absences.  The alternative ways must include at least one option that does not require a student to pay a fee authorized under Section 11.158(a)(15).  A certified public school employee may not be assigned additional instructional duties as a result of this section outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.

     (c)  A member of an attendance committee is not personally liable for any act or omission arising out of duties as a member of an attendance committee.

     (d)  If a student is denied credit for a class by an attendance committee, the student may appeal the decision to the board of trustees. The decision of the board may be appealed by trial de novo to the district court of the county in which the school district's central administrative office is located.

     (e)  This section does not affect the provision of Section 25.087(b) regarding a student's excused absence from school to observe religious holy days.

     (f)  The availability of the option developed under Subsection (b) must be substantially the same as the availability of the educational program developed under Section 11.158(a)(15).

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Questions & Answers: Primary and Secondary Schools

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Texas Laws: Primary and Secondary Schools

Texas Education Code > Title 2 - Public Education
Texas Civil Statutes > Title 49 > Chapter 11 - County Schools
Texas Civil Statutes > Title 49 > Chapter 12 - County Unit System

U.S. Code Provisions: Primary and Secondary Schools

U.S. Code Title 15 > Chapter 53 > Subchapter V - Healthy High-Performance Schools
U.S. Code > Title 20 > Chapter 12 - Foreign And Exchange Students
U.S. Code > Title 20 > Chapter 37 - Assignment Or Transportation Of Students
U.S. Code > Title 20 > Chapter 47 - Strengthening And Improvement Of Elementary And Secondary Schools
U.S. Code > Title 20 > Chapter 49 - Asbestos School Hazard Detection And Control
U.S. Code Title 20 > Chapter 62 > Subchapter I - Elementary And Secondary Education
U.S. Code > Title 20 > Chapter 70 - Strengthening And Improvement Of Elementary And Secondary Schools
U.S. Code > Title 42 > Chapter 13 - School Lunch Programs
U.S. Code Title 42 > Chapter 46 > Subchapter XIV - Matching Grant Program For School Security

Federal Regulations: Primary and Secondary Schools

U.S. Code Title 15 > Chapter 53 > Subchapter V - Healthy High-Performance Schools
U.S. Code > Title 20 > Chapter 12 - Foreign And Exchange Students
U.S. Code > Title 20 > Chapter 37 - Assignment Or Transportation Of Students
U.S. Code > Title 20 > Chapter 47 - Strengthening And Improvement Of Elementary And Secondary Schools
U.S. Code > Title 20 > Chapter 49 - Asbestos School Hazard Detection And Control
U.S. Code Title 20 > Chapter 62 > Subchapter I - Elementary And Secondary Education
U.S. Code > Title 20 > Chapter 70 - Strengthening And Improvement Of Elementary And Secondary Schools
U.S. Code > Title 42 > Chapter 13 - School Lunch Programs
U.S. Code Title 42 > Chapter 46 > Subchapter XIV - Matching Grant Program For School Security
Comments (12)add comment
Arian in Houston: ...
I need the main person who is in charge of this rule's E-mail, is there any way you can give it?
1

October 31, 2010
Devin Rawn: ...
I was informed by our school district that, although my son excels academically he has missed 10 days of school and will not be excused from any further absences unless (a) he is accompanied by a doctors note stating he was seen the day of his absence. Or (b) He has a not from a medical doctor stating he was physically or mentaly unfit to attend that day. My question is, does the law require me to take him to a Dr. in the event of a mild fever or would they recommend rather that I take him too school. Additionally, do the statutes require that i take my children to be seen by a certified psychologist prior to attending their grandfathers funeral?
Any feedback you can offer would be much appreciated.

Sincerely,
Devin Rawn
2

January 26, 2012
Steven Daily: ...
Even though your son excels, the state has a valid interest in making sure he attends school, and has to draw a line somewhere. The law does not require either of the measures you describe, but simply mandates that if the child is not in class a certain minimum amount of time, he is denied credit for the coursework.
3

February 01, 2012
Jesse P: ...
When a student loses credit, does the school first resort to the Principals plan(a-1) or can a school bypass the principals plan and go with an Attendance Review Committee (b)? Can someone please let me know on this?
4

March 18, 2012
gigi: ...
if a child is 6 in feb 2012 is he required to enroll in public school in texas
5

April 08, 2012
Jesse P: ...
Gigi, he will have to be enrolled in the fall of 2012. refer to texas educatoin code 25.085(b)
6

April 10, 2012
ceecee: ...
my child is a senior in high school and have will earn the credits she need to graduate by the end of fall semester. she also has a chronic illness that causes her to miss whole days from school or late arrivals. i have provided medical documentation and excuse notes from myself and or the dr. each time she is out or late. is there anything else i can do the protect her from weekend detention for late arrivals and possibly not receiving credit for some of her classes this year, her current GPA is 4.0. and why are the students mandated to attend the full year of school when they are eligible for graduation after the first semester. this is a hindrance for my child because her condition is physical. can someone please give me some insight as to what my next step will be. i am familiar with the 90% and 75% rules. but i need something more. thanks, Ceecee AKA concerned parent
7

November 20, 2012
Carlene Wood: ...
Check into a 504Plan or an IEP (individulized education Plan)....hope this helps
8

November 21, 2012
Mae D Hampton: ...
My son has sleep apnea and other sleeping disorder. In the past he has missed more than 90% of school. The attendance committee has exempted him. However, this year he is in high school. The attendance clerk and I have issues about his attendance. He has only missed 4-6 days in various classes and will not be given credit for the school year 2012-13. I have told this Attendance Adm. that that all effort for his attendance are taken but we refuse to send him if he has not gotten proper rest. Do we need to include his attendance as an issue in his title 504 program? I honestly can say this lady borders on harassment.
9

March 14, 2013
Steven Daily: ...
Mae,
Certainly attendance should be an issue addressed in the 504 plans, and there are many ways it can be addressed creatively. For a good summary and advice about sleep disorders and 504 plans, see this site:

http://www.circadiansleepdisorders.org/info/school_accom_hall.php

Steve Daily
LawServer.com
10

March 15, 2013
ssoileau: ...
Question: My 9th grader tore her ACL in a high school soccer game. As a result she has missed 11 days of school this semester for major reconstructive knee surgery and post op appointments. Every absence is excused by doctor's notes. The school is requiring her to make up hours in before/after school detention and/or Saturday school. Doesn't seem right!
11

April 23, 2013
Dianne: ...
My daughter had a doctors note (several) not to take Physical Education. The Teacher made her take PE 2 days before her cast was to be removed and re-injury her arm. Now had surgery and the PE teacher mad her take PE with another Dr. note (7) 4 days after surgery
12

April 23, 2013

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