By: Shapiro S.B. No. 1364
(In the Senate - Filed March 4, 2009; March 17, 2009, read
first time and referred to Committee on Education; March 25, 2009,
reported favorably by the following vote: Yeas 8, Nays 1;
March 25, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to minimum public school attendance for class credit or a
grade.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 25.092, Education Code,
is amended to read as follows:
Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR GRADE.
SECTION 2. Subsections (a), (a-1), (b), and (d), Section
25.092, Education Code, are amended to read as follows:
(a) Except as provided by this section, a student in any
grade level from kindergarten through grade 12 may not be given
credit or a grade 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 or a grade 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 or a grade 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 or a grade by students who are in attendance fewer than
the number of days required under Subsection (a) and have not earned
class credit or a grade under Subsection (a-1). Classroom teachers
shall comprise a majority of the membership of the committee. A
committee may give class credit or a grade 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 or a grade 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.
(d) If a student is denied credit or a grade 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.
SECTION 3. This Act applies beginning with the 2009-2010
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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