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A BILL TO BE ENTITLED
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AN ACT
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relating to minimum public school attendance for class credit or a |
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grade. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 25.092, Education Code, |
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is amended to read as follows: |
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Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR GRADE. |
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SECTION 2. Sections 25.092(a), (a-1), (b), and (d), |
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Education Code, are amended to read as follows: |
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(a) Except as provided by this section, a student in any |
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grade level from kindergarten through grade 12 may not be given |
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credit or a grade for a class unless the student is in attendance |
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for at least 90 percent of the days the class is offered. |
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(a-1) A student who is in attendance for at least 75 percent |
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but less than 90 percent of the days a class is offered may be given |
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credit or a grade for the class if the student completes a plan |
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approved by the school's principal that provides for the student to |
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meet the instructional requirements of the class. A student under |
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the jurisdiction of a court in a criminal or juvenile justice |
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proceeding may not receive credit or a grade under this subsection |
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without the consent of the judge presiding over the student's case. |
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(b) The board of trustees of each school district shall |
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appoint one or more attendance committees to hear petitions for |
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class credit or a grade by students who are in attendance fewer than |
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the number of days required under Subsection (a) and have not earned |
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class credit or a grade under Subsection (a-1). Classroom teachers |
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shall comprise a majority of the membership of the committee. A |
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committee may give class credit or a grade to a student because of |
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extenuating circumstances. Each board of trustees shall establish |
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guidelines to determine what constitutes extenuating circumstances |
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and shall adopt policies establishing alternative ways for students |
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to make up work or regain credit or a grade lost because of |
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absences. The alternative ways must include at least one option |
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that does not require a student to pay a fee authorized under |
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Section 11.158(a)(15). A certified public school employee may not |
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be assigned additional instructional duties as a result of this |
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section outside of the regular workday unless the employee is |
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compensated for the duties at a reasonable rate of pay. |
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(d) If a student is denied credit or a grade for a class by |
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an attendance committee, the student may appeal the decision to the |
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board of trustees. The decision of the board may be appealed by |
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trial de novo to the district court of the county in which the |
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school district's central administrative office is located. |
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SECTION 3. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |