Victoria Independent School District

ABSENCES/ATTENDANCE

Regular school attendance is essential for a student to make the most of his or her education – to benefit from teacher-led and school activities, to build each day’s learning on the previous day’s, and to grow as an individual.  Absences from class may result in serious disruption of a student’s mastery of the instructional materials; therefore, the student and parent should make every effort to avoid unnecessary absences.

When completing student registration, two important state laws are covered – one dealing with the required presence of school-aged children in school, e.g., compulsory attendance, the other with how a student’s attendance affects the award of a student’s final grade or course credit. 

Education Code 25.085, FEA (LEGAL) and (LOCAL) Compulsory Attendance

Education Code 25.092, FEC (LEGAL) and (LOCAL) Attendance for Credit

Compulsory Attendance

Education Code 25.085, FEA (LEGAL) and (LOCAL) Compulsory Attendance

Prekindergarten and Kindergarten

Students enrolled in prekindergarten (3K, ECSE, Pre-K) and kindergarten are required to attend school and are subject to the compulsory attendance requirements as long as they remain enrolled.

Ages 6–18

State law requires that a student who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached their 19th birthday, shall attend school, as well as any applicable accelerated instruction program, extended-year program, or tutorial session, unless the student is otherwise excused from attendance or legally exempt.

State law requires a student in kindergarten–grade 2 to attend any assigned accelerated reading instruction program. Parents will be notified in writing if their child is assigned to an accelerated reading instruction program based on a diagnostic reading instrument.

A student will be required to attend any assigned accelerated instruction program before or after school or during the summer if the student does not meet the passing standards on an applicable subject area state assessment.

Age 19 and Older

A student who voluntarily attends or enrolls after his or her 19th birthday is required to attend each school day until the end of the school year. If the student incurs more than five unexcused absences in a semester, the district may revoke the student’s enrollment. The student’s presence on school property thereafter would be unauthorized and may be considered trespassing. [See policy FEA for more information.]

Compulsory Attendance — Exemptions

All Grade Levels

State law allows exemptions to the compulsory attendance requirements, as long as the student makes up all work, for the following activities and events:

·       Religious holy days

·       Required court appearances

·       Appearing at a governmental office to obtain U.S. citizenship

·       Taking part in a US naturalization oath ceremony

·       Serving as an election clerk

·       Health-care appointments for the student or a child of the student, including absences related to autism services

·       Absences resulting from a serious or life-threatening illness or related treatment that makes a student’s attendance infeasible, with certification by a physician

·       For students in the conservatorship of the state:

o   An activity required under a court-ordered service plan

o   Any other court-ordered activity, provided it is not practicable to schedule the student’s participation in the activity outside of school hours

For children of military families, absences of up to five days will be excused for a student to visit a parent, stepparent, or legal guardian going to, on leave from, or returning from certain deployments.

Note that documented health-care appointments may include telehealth appointments. Students who are physically on campus will not be allowed to participate in telehealth or other online appointments without specific authorization from an appropriate administrator. Students should not use district-issued technology, including wifi or internet, for telehealth appointments because use of district-owned equipment and its network systems is not private and may be monitored by the district.

Secondary Grade Levels

The district will allow a student who is 15 years of age or older to be absent for one day to obtain a learner license and one day to obtain a driver’s license, provided that the board has authorized such excused absences under policy FEA(LOCAL). The student will be required to provide documentation of his or her visit to the driver’s license office for each absence and must make up any work missed.

Victoria ISD District of Innovation Plan will broaden its college and career readiness emphasis by allowing students in grades 9-12 to visit colleges, trade schools, or universities of interest.

Students should get prior approval and will still be required to submit verification of such visits in accordance with administrative regulations.

Under the District of Innovation Plan, Victoria ISD will waive the two-day excused absences limit per year and allow seniors to miss 4 days per year, juniors to miss 3 days per year, sophomores to miss 2 days per year and freshman to miss 1 day per year to visit colleges, trade schools, or universities of interest.

This plan also allows classified juniors and seniors meeting the 17-year-old age requirement, four excused absences per year to pursue interest in the military. Students will still be required to submit verification of such visits in accordance with administrative regulations.

The district will allow a student to be absent for up to two days per school year to serve as:

·       An early voting clerk, provided the district’s board has authorized this in policy FEA(LOCAL), the student notifies his or her teachers, and the student receives approval from the principal prior to the absences; or

·       An election clerk, if the student makes up any work missed.

The district will allow a student in grades 6–12 to be absent for the purpose of sounding “Taps” at a military honors funeral for a deceased veteran.

The district will allow a student to be absent for up to two days during the student’s junior year and two days during the student’s senior year for a career investigation day to visit a professional at that individual’s workplace to determine the student’s interest in pursuing a career in the professional’s field, provided the student verifies these activities to the district.

Absences that are considered EXCUSED:

In addition to Compulsory Law and FEA Policy, absences that may be considered EXCUSED (with a parent or doctor's note) under District Policy include:

·       Personal illness of the student

·       Healthcare appointment (doctor, dentist, etc.) with appropriate documentation

·       Death of an immediate family member

·       School-sponsored curricular or extracurricular activities

·       Extenuating circumstances

Parent notes/documentation must be submitted no later than three school days after the child returns to school. The three-day period begins with the day the student returns to school. Prior approval is required for absences not considered health related or an emergency.  

Absences that are considered UNEXCUSED:

An unexcused absence is an absence that does not meet state or district guidelines. Unexcused absences also occur when the parent cannot produce any documentation that explains the absence or if the parent presents documentation that does not meet criteria for excused absences.

·       Being absent without parental consent or knowledge

·       Being absent without written notification from a parent or legal guardian

·       Religious festivals, ceremonies, or other events not celebrated or recognized by the international religious calendar

·       Weddings

·       Graduations not for the student

·       Family reunions

·       Vacations/Cruises

·       International Travels

·       Leaving campus during class or a lunch period without official permission

·       Being in an unauthorized area of the school or campus without permission

·       Willfully refusing to attend school

·       Oversleeping/Alarm failure

·       Needed at home for babysitting, chores, etc.

·       Car trouble

·       Missing the bus

·       Any other absence that is not covered under the law or district policy

Community events and non-school sponsored activities require prior campus administrative approval. Students must maintain the 90% minimum attendance for credit criteria.

If students exceed the allowed absences within compulsory attendance or fall below the 90% attendance requirement, they will be placed on a Principal's Plan to help regain their credit and final grade. This may also impact participation in school-sponsored events and activities. See campus attendance plans for specific participation requirements and restrictions due to student attendance. 

Failure to Comply with Compulsory Attendance

School employees must investigate and report violations of the compulsory attendance law. A student who is absent without permission from school, any class, any required special program, or any required tutorial will be considered in violation of the compulsory attendance law and subject to disciplinary action. Violations of compulsory attendance may also impact student participation in school events and activities.

Students with Disabilities

If a student with a disability is experiencing attendance issues, the student’s ARD committee or Section 504 committee will be notified, and the committee will determine whether the attendance issues warrant an evaluation, a reevaluation, and/or modifications to the student's individualized education program or Section 504 plan, as appropriate.

Between Ages 6 and 18

When a student between ages 6 and 18 incurs unexcused absences for three or more days or parts of days within a four-week period, the school will send a notice to the student’s parent, as required by law, to remind the parent that it is the parent’s duty to monitor the student’s attendance and to require the student to come to school.  The notice will also inform the parent that the district will initiate truancy prevention measures and request a conference between school administrators and the parent. These measures may include a behavior improvement plan, school-based community service, or referrals to either in-school or out-of-school counseling or other social services. Any other measures considered appropriate by the district will also be initiated.

Each campus has an Attendance Clerk or Student Success Facilitator who can answer questions about student absences and the effect of those absences from school. Questions or concerns may also be addressed by a campus administrator. The Attendance Clerk or Student Success Facilitator, in conjunction with the District Truancy Prevention Coordinator, monitors student attendance and develops intervention plans as needed. Contact your campus or The District Truancy Prevention Coordinator at (361)788-9232 for further truancy prevention.

A court of law may also impose penalties against a student’s parent if a school-aged student is deliberately not attending school. A complaint against the parent may be filed in court if the student is absent without excuse from school on ten or more days or parts of days within a six-month period in the same school year, and the parent is subject to prosecution for parent contributing to non-attendance.

If a student, ages 12–18, incurs unexcused absences on ten or more days or parts of days within a six-month period in the same school year, the district, in most circumstances, will refer the student to truancy court for truant conduct. [See policy FEA(LEGAL)]

Age 19 and Older

After a student, age 19 or older, incurs a third unexcused absence, the district will send the student a letter as required by law explaining that the district may revoke the student’s enrollment for the remainder of the school year if the student has more than five unexcused absences in a semester. As an alternative to revoking a student’s enrollment, the district may implement a behavior improvement plan.

Attendance for Credit or Final Grade

Education Code 25.092, FEC (LEGAL) and (LOCAL) Attendance for Credit

According to the Texas Education Code, Sec. 25.092 MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL GRADE, a student in any grade level from kindergarten through grade 12 may not be given credit or a final grade for a class unless the student is in attendance for at least 90 percent of the days the class is offered. High school students must earn credits toward their diploma; middle school and elementary school students must receive a final grade in classes to determine if the child will be promoted or retained.

To receive credit or a final grade in a class, a student must attend the class at least 90 percent of the days it is offered. A student who attends at least 75 percent but fewer than 90 percent of the days may receive credit or a final grade if he or she completes a plan, approved by the principal, that allows the student to fulfill the class’s instructional requirements. If a student is involved in a criminal or juvenile court proceeding, the judge presiding over the case must also approve the plan before the student receives credit or a final grade.

If a student attends fewer than 75 percent of the class days or does not complete the principal-approved plan, then the attendance review committee will determine whether there are extenuating circumstances for the absences and how the student can regain credit or a final grade. [See policy FEC for more information.]

Except for absences due to serious or life-threatening illness or related treatment, all absences, whether excused or unexcused, may be considered in determining whether a student has met attendance requirements.

To determine whether there were extenuating circumstances for any absences, the principal or attendance committee will consider:

·       Whether a student has mastered the essential knowledge and skills and maintained passing grades in the course or subject.

·       Whether the student has completed makeup work satisfactorily. If the student completes makeup work, absences listed under Compulsory Attendance — Exemptions and absences for extracurricular activities will be considered extenuating circumstances.

·       Whether the student or the student’s parent had any control over the absences.

·       Any information presented by the student or parent to the committee about the absences.

The attendance committee shall consider the student's unique circumstances and, if necessary, shall impose conditions for awarding credit or a final grade that permit the student to meet the instructional requirements of the class rather than assigning a student to attend a specified program for an amount of time equivalent to the student's absences. Conditions may include:

·       Maintaining attendance standards for the rest of the semester.

·       Completing additional assignments, as specified by the committee or teacher.

·       Attending make up hours or tutorial sessions as scheduled.

·       Completing other instructional programs, as specified by the committee.

·       Taking an examination to earn credit. [See EHDB]

In all cases, the student must earn a passing grade in order to receive credit.

The student or parent may appeal the committee’s decision to the board by following policy FNG(LOCAL).

Official Attendance-Taking Time

The District must submit attendance of its students to the Texas Education Agency (TEA) reflecting attendance at a specific time each day. Official attendance is taken every day at a time approved by the Board of Trustees. The official time varies by the grade level of the school and its programs. Elementary schools’ official daily attendance time is 9:30 a.m., middle schools’ official daily attendance time is 10:30 a.m., and high schools’ official daily attendance time is 9:20 a.m. (with flex time for certain student schedules at 1:30 p.m.). The VISD Success Academy and the Primary/Secondary DAEP Campuses will use an official attendance time daily of 9:20 a.m.

For safety purposes, the district will send automated notification to parents at 11:00 a.m. and again at after school each day if a student if marked absent for any portion of the day. If you know your student is absent, participating in school related activities, testing, or has received prior approval to be off campus, please disregard the automated notification.

If a student is absent for any portion of the day, including at the official attendance-taking time, should follow the procedures below to provide documentation for the absence.

Documentation after an Absence

Communicating with the campus when a student is absent from school is crucial. Parents must provide documentation to the campus that describes the reason for the absence within 3 days after a student returns to campus from an absence. If documentation is not received, the absences will remain unexcused. 

We encourage parents to submit digital absence notes and documentation through the electronic attendance form available on the campus or district website. Documentation may also be dropped off directly to the campus office. All notes must be submitted within 3 days after the student returns to school from an absence. A note signed by the student, even with the parent’s permission, will not be accepted unless the student is age 18 or older or is an emancipated minor under state law.

Please note that, unless the absence is for a statutorily allowed reason under compulsory attendance laws or district policy, the district is not required to excuse any absence, even if the parent provides a note explaining the absence. In addition to excused absences within compulsory attendance laws and district policy, administration may excuse an absence for student illness, funerals for immediate family, and extenuating circumstances. All absences would require appropriate documentation submitted within 3 days after the student returns to school and are subject to TEC Sec. 25.092 Minimum Attendance for Class Credit or Final Grade guidelines. Prior approval should be obtained from campus administration on absences not listed in compulsory attendance laws, district policy, or defined in the student handbook.

If students exceed the allowed absences within compulsory attendance or fall below the 90% attendance requirement, they will be placed on a Principal's Plan to help regain their credit and final grade. This may also impact participation in school-sponsored events and activities. See campus attendance plans for specific participation requirements and restrictions due to student attendance. 

Should the student develop a questionable pattern of absences or exceed the 90% minimum attendance for class credit or final grade, the principal or attendance committee may require additional documentation or a statement from a doctor or health clinic verifying the illness or condition that caused the student’s absence from school. If the additional required documentation is not received, the absence will remain unexcused. 

Doctor’s Note after an Absence for Illness

If a student is absent 3 consecutive days because of a personal illness, a statement from a doctor or health clinic is required to verify the illness or condition that caused the absence. All absences would require appropriate documentation submitted within 3 days after the student returns to school.  Otherwise, the absence may be considered unexcused and in violation of compulsory attendance laws.

Should the student develop a questionable pattern of absences, the principal or attendance committee may require a statement from a doctor or health clinic verifying the illness or condition that caused the absence to determine whether an absence will be excused or unexcused.

Certification of Absence Due to Severe Illness or Treatment

If a student is absent because of a serious or life-threatening illness or related treatment that makes a student’s attendance infeasible, a parent must provide certification from a physician licensed to practice in Texas specifying the student’s illness and the anticipated period of absence related to the illness or treatment.

Driver License Attendance Verification

A currently enrolled student seeking a driver’s license shall submit the Texas Department of Public Safety Verification of Enrollment and Attendance Form (VOE), signed by the parent, to the campus central office at least 10 days before it is needed. The district will issue a VOE only if the student meets class credit or attendance requirements. The VOE form (https://www.tdlr.texas.gov/driver/forms/VOE.pdf) is available online.

More information is available on the Texas Department of Public Safety website (https://www.dps.texas.gov/section/driver-license/how-apply-texas-driver-license-teen).

To qualify for a signed VOE form from the school administrator or designee, the student must be currently enrolled AND have earned credit for each class the semester prior to determining VOE eligibility. If the student was not awarded credit for each class the semester prior to application for the VOE, the school should examine attendance records for the semester prior to application for the VOE and determine whether the student was present 90% of the time each class was offered. If so, the VOE may be issued. If the student did not receive credit and did not attend 90% of their classes, the student is not eligible for a VOE unless the school attendance committee and/or administration approved a plan establishing conditions for the student to meet in order to receive a VOE.

See Compulsory Attendance—Exemptions for Secondary Grade Levels for information on excused absences for obtaining a learner license or driver’s license.