FEA(LEGAL) - ATTENDANCE: COMPULSORY ATTENDANCE

Compulsory Attendance

Voluntary Enrollment of Students 19 and Over

Accelerated / Compensatory Programs

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];

An accelerated reading instruction program to which the student has been assigned under Education Code 28.006(g) [see EKC];

An accelerated instruction program to which the student is assigned under Education Code 28.0211 [see EIE];

A basic skills program to which the student is assigned under Education Code 29.086 [see EHBC]; or

A summer program provided:

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]

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]

Exemptions

Equivalency Diploma

The student is at least 17 years of age and has been issued a high school equivalency certificate or diploma.

Private or Home School

The student attends a private or parochial school that includes in its course a study of good citizenship.

Special Education—Nondistrict Placement

The student is eligible to participate in a district's special education program under Education Code 29.003 and cannot be appropriately served by the resident district.

Medical Condition

The student has a temporary and remediable physical or mental condition that makes attendance infeasible and the student has a certificate from a qualified physician specifying the temporary condition, indicating the prescribed treatment, and covering the anticipated period of absence for the purpose of receiving and recuperating from remedial treatment.

Expulsion—No JJAEP

The student is expelled in accordance with legal requirements in a district that does not participate in a mandatory juvenile justice alternative education program. [See FOD]

17-Year-Old in GED Course

The student is at least 17 years old, is attending a course of instruction to prepare for the high school equivalency examinations, and:

Has the permission of the student's parent or guardian to attend the course;

Is required by court order to attend the course;

Has established a residence separate and apart from the student's parent, guardian, or other person having lawful control of the student; or

Is homeless as defined by 42 U.S.C. 11302.

High School Replacement Programs

The student is enrolled in the Texas Academy of Leadership in the Humanities, Texas Academy of Mathematics and Science, or Texas Academy of International Studies.

16-Year-Old in GED Program or Job Corps

The student is at least 16 years old and is attending a course of instruction to prepare for the high school equivalency examinations, if:

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

The student is enrolled in a Job Corps training program under the Workforce Investment Act of 1998, 29 U.S.C. 2801.

Other Exemption

The student is specifically exempted under another law.

Excused Absences for Compulsory Attendance Determinations

Religious Holy Days

Observing religious holy days. A student who is observing holy days is allowed up to one day of excused travel for traveling to the site where the student will observe the holy days and up to one day of excused travel for traveling from that site.

Court Appearances

Attending a required court appearance. A student who is attending a required court appearance is allowed up to one day of excused travel for traveling to the site where the student will attend the required court appearance and up to one day of excused travel for traveling from that site.

Citizenship Proceedings

Appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship. A student who is appearing at a governmental office to complete such paperwork is allowed up to one day of excused travel for traveling to the site where the student will complete the paperwork and up to one day of excused travel for traveling from that site.

Taking part in a United States naturalization oath ceremony. A student who is taking part in such a ceremony is allowed up to one day of excused travel for traveling to the site where the student will take part in the ceremony and up to one day of excused travel for traveling from that site.

Election Clerks

Serving as an election clerk. A student who is serving as an election clerk is allowed up to one day of excused travel for traveling to the site where the student will serve as an election clerk and up to one day of excused travel for traveling from that site. [See Early Voting Clerks, below]

Children in Conservatorship of DFPS

If the student is in the conservatorship of the Department of Family and Protective Services (DFPS), participating, as determined and documented by DFPS, in an activity:

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

Required under a service plan under Family Code Chapter 263, Subchapter B.

Health-Care Appointments

Temporary absence resulting from an appointment with a health-care professional for the student or the student's child if the student commences classes or returns to school on the same day of the appointment. The appointment must be supported by a document such as a note from the health-care professional. "Temporary absence" includes the temporary absence of a student diagnosed with autism spectrum disorder on the day of the student's appointment with a health-care practitioner to receive a generally recognized service for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy.

Higher Education Visits

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

The district adopts:

A policy to determine when an absence will be excused for this purpose; and

A procedure to verify the student's visit at the institution of higher education.

Early Voting Clerks

Military Dependents

Enlistment in Armed Services

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

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

Inform the parent that:

It is the parent's duty to monitor the student's school attendance and require the student to attend school;

The student is subject to truancy prevention measures under Education Code 25.0915; and

Request a conference between school officials and the parent to discuss the absences.

Non-Attendance

Parent Liability

A warning notice is issued;

The parent with criminal negligence fails to require the child to attend school as required by law; and

The child has absences for the amount of time specified under Family Code 65.003(a).

Affirmative Defense—Parent

Student Liability

Truancy Courts

The constitutional county court in a county with a population of 1.75 million or more;

Justice courts; and

Municipal courts.

Affirmative Defense—Student

Truancy Prevention Measures

District Complaint or Referral

Palacios ISD

FEA(LEGAL)-P

UPDATE 109

DATE ISSUED: 11/10/2017