90 PERCENT RULE
A student shall be given credit for a class only if the student has been in attendance 90 percent of the days the class is offered, unless the School’s attendance committee gives the student credit because there were extenuating circumstances for the absences. This restriction does not affect a student’s right to excused absences to observe religious holy days [see Policy FEA] and does not apply to a student who receives credit by examination for a class as provided by Education Code 28.023. [See Policy EHDC]
The attendance committee shall consist of the student’s assigned Assistant Principal and two classroom teachers assigned by the Principal.
For purposes of reviewing student absences, extenuating circumstances include, but are not limited to, the following:
- An excused absence.
- Days of suspension.
- Participation in a court proceeding or child abuse or neglect investigation. The reason for the absences must be stated in writing by the caseworker.
- The late enrollment or early withdrawal of a migrant student as defined in 34 CFR 206.1.
- Days missed as a runaway as defined by Family Code 51.03(b)(2).
- The absences of a teen parent due to caring for his or her child.
- Homelessness, as defined in federal law.
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 or a final grade 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. However, a student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit or a final grade without the consent of the judge presiding over the student’s case.
ATTENDANCE COMMITTEE HEARING
The attendance committee shall hear each case in which a student’s attendance falls below the 90 percent threshold and a petition by the student or his or her parent or legal guardian has been filed. The committee may give class credit to a student because of extenuating circumstances according to this policy for a student to make up work or regain credit lost because of absences. Classroom teachers shall comprise a majority of the attendance committee.
Education Code 25.092
If a student is denied credit for a class by an attendance committee, the student may appeal the decision to the Board. The Board’s decision may be appealed to the district court of Travis County.
Education Code 25.092(d)
A certified employee may not be assigned additional instructional duties as a result of the above provision outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.
Education Code 25.092