1. Attendance, Admission, Enrollment Records, and Tuition
The “Legal” Letter
ESC Region 15
September 7, 2017

2. The “Legal” Letter TEA’s Office of General Counsel
4 Degrees of Explanation
Texas Education Code
Texas Administrative Code
The Legal Letter
Student Attendance Accounting Handbook

3. The “Legal” Letter Compulsory Attendance Attendance for Course Credit
Entitlement to Admission
Enrollment Records
Tuition

4. Compulsory Attendance
Voluntary enrollment in PK or KG
Students age 6 by September 1st
Until the student’s 19th birthday unless exempt

5. Compulsory Attendance
Exemptions
Expelled Students
17-year old preparing for high school equivalency exam
Has parental permission
Required by a court to attend
Child has established a separate residence
Homeless
16-year old preparing for high school equivalency exam
Job Corps program
Court ordered for truant conduct

6. Compulsory Attendance
Enforcement for age 19+
Attendance Officer or
Superintendent or local peace officers
Charter Schools – county peace officers
Duties of Attendance Officer
25.091
“Unexcused Absences” only – court may excuse the absence
Enrolled students and non-enrolled students
Take custody and return to school
Apply Truancy Prevention Measures

7. Compulsory Attendance (page 4)
Truancy Prevention Measures
3 or more unexcused absences for 3 or more days or parts of days in a 4-week period, but less than 10 days or parts of days within a 6-month period
Offer counseling services: pregnancy, foster care, homeless, principal income earner
Truancy Prevention Facilitator
Tardies are not absences…
”tardiness to class” implies the student is on campus and late to class
“tardiness to school” implies that the student is not on campus at the beginning of the day
Must inform parents of attendance requirements
Attendance Procedures Manual
Student Handbook

8. Compulsory Attendance
Judicial Enforcement
Age 12 to 19
Proof of implementation of truancy prevention measures
Identification of eligibility for special education services
Within 10 days of the 10th absence
Affirmative defenses
Student – Involuntary
Student and Parent – excused absence

9. Compulsory Attendance
Age 19 or older
Voluntary enrollment
5 or more unexcused absences
May revoke enrollment
Remainder of school year
After 3rd unexcused absence
Must notify
May not revoke on a day of attendance
FAPE requirements remain
Dropout
Behavior Improvement Plan

10. Excused Absences (page 6)
Any cause acceptable to the teacher, principal, or superintendent
Not necessarily funded
Not applicable to truancy

11. “Must Excuse” Absences (page 6)
Include travel time
Religious Holy Day (Establishment Clause of 1st Amendment)
Required Court Appearance
Citizenship Appearance
Naturalization Ceremony
Service as an Election Clerk (limit of 2 days per school year with board policy)
Texas Family Code Service Plan (DFPS conservatorship)
Texas Family Code court ordered (DFPS conservatorship)
No travel time
Service as Early Voting clerk or election clerk (limit of 2 days per school year with board policy)
Temporary absence for healthcare appointment (includes Autism services)

12. “Must Excuse” Absences (page 7)
Visit active duty service member (see footnote 35)
Less than 60 days prior to deployment
Less than 30 days after return from deployment
May not exceed 5 days of absences
Pursue enlistment in armed services or Texas National Guard
Age 17 or older
May not exceed 4 days
Board policies to verify student’s activities/visit

13. “May Excuse” Absences (page 6)
College day (with board policy)
Playing Taps at a military funeral (in Texas)
Approved activity under the direction of staff member or adjunct staff member (field trip or stock show)
Bachelors degree
TRS participation
Distinguished Achievement Program mentorship for advanced measures
Off-campus instruction

14. “Must” and “May” Excuse Absences (page 6-7)
Student may not be “penalized” for the absence
Think about “penalized” as we discuss course credit and truancy
Must be given reasonable time to make up work
Excused and funded absences (if work is made up)
Absences for any other reason are not funded

15. Attendance for Course Credit (page 7)
“90% Rule”
KG through grade 12
Only applies to charter schools if adopted in their approved charter
Conditions Credit or Final grade on at least 90% attendance
75% Rule –
Complete a plan approved by the principal
Meets instructional requirements of the class
Judge must approve for students under judicial supervision
Attendance Committee may grant credit or final grade
Board must establish alternate ways to earn credit or final grade

16. Attendance for Course Credit (page 8)
“Workable in consideration of circumstances”
Not based on make-up time
Make up work
90% of the days the student is enrolled in class, not 90% of the days the class is offered
LEA may charge fee for after-hours make-up services
Must offer a free option

17. Attendance for Course Credit (page 8)
“As with any other student, to receive credit a student who enrolls after instruction for the year or semester has begun is required to demonstrate academic achievement and proficiency of the subject matter as required under § and 19 T.A.C. §74.26.”

18. Entitlement to Admission (page 9)
At least age 5 by September 1st
Not a high school graduate
Must meet eligibility for admission to claim ADA funding
Age 3-5, PK or PPCD
Under age 2 on September 1st, or
Age if in a board approved program to get a diploma

19. Entitlement to Admission (page 9)
End of year the student receiving special education services turn 22
Eligible returning graduate
19 T.A.C. § (b)(2)(A), (B), or (C), (f), or (g)(4)(A), (B), or (C) but meets the age eligibility requirements
Ineligible returning graduate
19 T.A.C. § (b)(1), (b)(2)(D), (g)(1), (g)(2), or (g)(4)(D)

20. 12 Entitlements to Admission (page 10)
§25.001(b), (f), (g), or (g-1), Not all require residency
Parent and Student in District
Parent Only in District – with paperwork
Student and Guardian or person with lawful control in district – with paperwork
Student Only in District - no court paper work required
Not for UIL
Exceptions
DAEP or Expulsion
Delinquent conduct
Probation or Conditional Release

21. 12 Entitlements to Admission (page 11)
§25.001(b), (f), (g), or (g-1), Not all require residency
Proof of Residency
“Living in the district and having the present intention to remain there”
Board sets the requirements for proving residency
Absence of proof does not disprove residency
Lack of proof of residency may prove homelessness
Homeless Student
Can attend school in any Texas district
Homeless Liaison will help make the determination

22. 12 Entitlements to Admission (page 11)
Foreign Exchange Student – with paperwork
Student in Residential Facility located in the district
Adult Student
Grandparent in District – substantial amount of after school care
Foster Care
Pre-Kindergarten – additional eligibility criteria (see page 16)
Students Age 21 to 26 – board-approved program in place
Inter-District Transfers

23. Address Confidentiality Program (page 17)
Protection of victims of domestic violence and other terrible things
Participants will not have proof of residence
Participants will have a card from the Office of the Attorney General

24. Enrollment Records (page 18)
Statutorily Required
Birth certificate or proof of identity
Records from most recent attended school
Immunization records
Highly encouraged
Social Security cards
Copies of birth certificate or other proof of identity
TREX
All other records
Protects you from FERPA violations (faxing does not)

25. Enrollment Records
Lack of identification records does not remove a student’s entitlement to enroll
Absence of Parent or Guardian does remove a student’s entitlement to enroll
Absence of immunizations – defer to the guidance of your school nurse

26. Texas Code Criminal Procedures (page 20)
Under age 11
Names of each school the student attended
Records from each school attended
Certified copy of the student’s birth certificate (don’t have to keep it)
Failure to provide these items
Don’t tell the person registering the student
Contact police for assistance in determining the student’s identity

27. Attendance, Admission, Enrollment Records, and Tuition
The “Legal” Letter
ESC Region 15
September 7, 2017