Texas 2011 - 82nd Regular

Texas Senate Bill SB140 Compare Versions

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1	1	By: Shapiro S.B. No. 140
2	2	(In the Senate - Filed November 8, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Education;
4	4	March 7, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 8, Nays 0; March 7, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 140 By: Shapiro
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to minimum public school attendance for class credit or a
13	13	final grade.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. The heading to Section 25.092, Education Code,
16	16	is amended to read as follows:
17	17	Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL
18	18	GRADE.
19	19	SECTION 2. Subsections (a), (a-1), (b), and (d), Section
20	20	25.092, Education Code, are amended to read as follows:
21	21	(a) Except as provided by this section, a student in any
22	22	grade level from kindergarten through grade 12 may not be given
23	23	credit or a final grade for a class unless the student is in
24	24	attendance for at least 90 percent of the days the class is offered.
25	25	(a-1) A student who is in attendance for at least 75 percent
26	26	but less than 90 percent of the days a class is offered may be given
27	27	credit or a final grade for the class if the student completes a
28	28	plan approved by the school's principal that provides for the
29	29	student to meet the instructional requirements of the class. A
30	30	student under the jurisdiction of a court in a criminal or juvenile
31	31	justice proceeding may not receive credit or a final grade under
32	32	this subsection without the consent of the judge presiding over the
33	33	student's case.
34	34	(b) The board of trustees of each school district shall
35	35	appoint one or more attendance committees to hear petitions for
36	36	class credit or a final grade by students who are in attendance
37	37	fewer than the number of days required under Subsection (a) and have
38	38	not earned class credit or a final grade under Subsection (a-1).
39	39	Classroom teachers shall comprise a majority of the membership of
40	40	the committee. A committee may give class credit or a final grade
41	41	to a student because of extenuating circumstances. Each board of
42	42	trustees shall establish guidelines to determine what constitutes
43	43	extenuating circumstances and shall adopt policies establishing
44	44	alternative ways for students to make up work or regain credit or a
45	45	final grade lost because of absences. The alternative ways must
46	46	include at least one option that does not require a student to pay a
47	47	fee authorized under Section 11.158(a)(15). A certified public
48	48	school employee may not be assigned additional instructional duties
49	49	as a result of this section outside of the regular workday unless
50	50	the employee is compensated for the duties at a reasonable rate of
51	51	pay.
52	52	(d) If a student is denied credit or a final grade for a
53	53	class by an attendance committee, the student may appeal the
54	54	decision to the board of trustees. The decision of the board may be
55	55	appealed by trial de novo to the district court of the county in
56	56	which the school district's central administrative office is
57	57	located.
58	58	SECTION 3. This Act applies beginning with the 2011-2012
59	59	school year.
60	60	SECTION 4. This Act takes effect immediately if it receives
61	61	a vote of two-thirds of all the members elected to each house, as
62	62	provided by Section 39, Article III, Texas Constitution. If this
63	63	Act does not receive the vote necessary for immediate effect, this
64	64	Act takes effect September 1, 2011.
65	65	* * * * *