FEA(LEGAL) - ATTENDANCE: COMPULSORY ATTENDANCE

Compulsory Attendance

Voluntary Enrollment of Students 19 and Over

Accelerated / Compensatory Programs

  1. An extended-year program for which the student is eligible that is provided by a district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Education Code 29.084 [see EHBC];
  2. An accelerated reading instruction program to which the student has been assigned under Education Code 28.006(g) [see EKC];
  3. An accelerated instruction program to which the student is assigned under Education Code 28.0211 [see EIE];
  4. A basic skills program to which the student is assigned under Education Code 29.086 [see EHBC]; or
  5. A summer program provided:
    1. To a student placed in in-school suspension or other alternative setting, other than a disciplinary alternative education program (DAEP), who has been offered the opportunity to complete before the beginning of the next school year each course in which the student was enrolled at the time of removal. Education Code 37.021 [See FO]
    2. To a student removed to a DAEP who has been offered an opportunity to complete coursework, before the beginning of the next school year. Education Code 37.008(l) [See FOCA]

Additional Instructional Days

Exemptions

Equivalency Diploma

Private or Home School

Special Education—Nondistrict Placement

Medical Condition

Expulsion—No JJAEP

17-Year-Old in GED Course

  1. Has the permission of the student's parent or guardian to attend the course;
  2. Is required by court order to attend the course;
  3. Has established a residence separate and apart from the student's parent, guardian, or other person having lawful control of the student; or
  4. Is homeless.

High School Replacement Programs

16-Year-Old in GED Program or Job Corps

  1. The student is recommended to take the course by a public agency that has supervision or custody of the student under a court order; or
  2. The student is enrolled in a Job Corps training program under the Workforce Investment Act of 1998, 29 U.S.C. 2801.

Other Exemption

Excused Absences for Compulsory Attendance Determinations

Religious Holy Days

Court Appearances

Citizenship Proceedings

Election Clerks

Children in Conservatorship of DFPS

  1. Ordered by a court under Family Code Chapter 262 or 263, provided that it is not practicable to schedule the participation outside of school hours, or
  2. Required under a service plan under Family Code Chapter 263, Subchapter B.

Health-Care Appointments

Higher Education Visits

  1. The district may not excuse for this purpose more than two days during the student's junior year and two days during the student's senior year; and
  2. The district adopts:
    1. A policy to determine when an absence will be excused for this purpose; and
    2. A procedure to verify the student's visit at the institution of higher education.

Early Voting Clerks

Military Dependents

Enlistment in Armed Services

  1. The district may not excuse for this purpose more than four days of school during the period the student is enrolled in high school; and
  2. The district verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard.

Taps at Military Funeral

No Penalty

Make-Up Work

Other Excused Absences

Notices to Parents

Warning Notice

Notice of Absences

  1. Inform the parent that:
    1. It is the parent's duty to monitor the student's school attendance and require the student to attend school;
    2. The student is subject to truancy prevention measures under Education Code 25.0915; and
  2. Request a conference between school officials and the parent to discuss the absences.

Non-Attendance

Parent Liability

  1. A warning notice is issued;
  2. The parent with criminal negligence fails to require the child to attend school as required by law; and
  3. The child has absences for the amount of time specified under Family Code 65.003(a).

Affirmative Defense—Parent

Student Liability

Truancy Courts

  1. The constitutional county court in a county with a population of 1.75 million or more;
  2. Justice courts; and
  3. Municipal courts.

Affirmative Defense—Student

Truancy Prevention Measures

District Complaint or Referral

DeKalb ISD

FEA(LEGAL)-P

UPDATE 115

DATE ISSUED: 7/7/2020