TWOStudent Attendance and the Instructional Program Krystal L. McConnell
Attendance • Schools may not begin instruction before the FOURTH Monday of August (except in boarder towns) • Class size may not exceed 22 children (K-4) • MUST be 5-26 on September 1 to attend school • 21 or older & has not attended school in 3 years may NOT be placed in any class or activity with a student 18 or younger.
GREAT REFERENCE!! • Major School Desegregation Decisions, 1954-2008 • pg 50 & 51
Impermissible Discrimination • Unitary Status- a status denoting the eradication of all aspects of a segregated, dual school system. • What happens if one race schools reemerge? • Board of Education of Oklahoma City v. Dowell • Ft. Worth ISD 1990 • Dallas ISD 1994 • Galveston ISD 2009
United States vs. Texas • Statewide school desegregation order handed down by U.S. district Court Judge William Wayne Justice in 1971 • Civil Order 5281 – requires integrated bus routes; an end to discrimination in extracurricular activities & more • June 2007- U.S. Supreme court rules that the use of race as a factor in assigning students to particular public schools in an effort to maintain racially integrated schools in unconstitutional.
TOP 10% • 1997- Texas Legislature enacted a measure entitling students in the top 10 percent automatic admission to Texas Schools • 2009- Legislature placed a 75% cap on the number of entering freshman (beginning 2011/2012)
Residency, Guardianship, and the Right to Attend a District’s Schools • Penal Code 37.10- School officials cannot require the person with whom the student lives to secure legal guardianship. • Must provide Birth Certificate (or other document proving child’s identity) • Copy of records from previous school • Immunization record • Must provide info within 30 days before legal implications are enacted (Class B Misdemeanor; $2000 fine or jail up to 180 days or both)
Reasons a Student May Not Be Enrolled: • Does not produce immunization records • The district must post a list of immunizations require and recommended for admission on their website.
Compulsory School Attendance Law • “shall attend school” (TEC 25.085(b)) • At LEAST 180 days of instruction • At LEAST 7 hours (includes recess & passing periods)
Kinder & Pre-K Programs • District must provide either half-day or full-day kinder classes to children who are at least 5years at the beginning of the school year. • May charge tuition for pre-K but can not exceed the cost of providing the program
Absences • Parents must be notified that parent & student will be prosecuted if student is absent more than 10 (full or partial) days within a 6 month period. • District must notify student’s parent that it is THE PARENT’S DUTY to require the student to attend school • The notice must request that a parent attend a conference to discuss absences. • District must file a complaint against the student, the parent, or both indicating a need for supervision. • The district has 10 days from the date of the 10th absence to file a truancy complaint.
Absences • Failure to have the child attend school is a Class C Misdemeanor (carries a maximum $500 fine). • Each day student is out of school is a separate offense • The truant student may be charged with a Class C Misdemeanor.
Absences • Must attend 90% of the days to receive credit • May be given credit if 75% attendance AND meets course requirements
College Days • District may excuse a student to visit a college or university up to 2 days during Junior & Senior years • Students are to be allowed to make up missed work.
Maintaining a Safe School Environment • Child- person who is (a) ten years of age or older and under 17 years of age, or (b) at least 17 but not yet eighteen and charged with, or found to have engaged in, delinquent conduct indicating a need for supervision as a result of acts committed before becoming 17. • Persons under 10 years of age cannot be held legally responsible for their actions. (Parents are accountable)
Maintaining a Safe School Environment • School Boards have the authority to adopt their own safety rules (including vehicles) • Public School officials can request identification of any person on school property • Can refuse people without legitimate business from entering • May eject a person from property if they refuse to leave • A person who trespasses on school grounds commits a Class C Misdemeanor
Maintaining a Safe School Environment • School district can conduct criminal history background checks on parent volunteers. • Class B Misdemeanor for a person alone or with others to engage intentionally in disruptive activity (definition on page 65)on the campus or property of any public/private school. • Authority to bar individuals (include parents) • Parents do not have “unfettered access to school property” (Mitchell v. Beaumont ISD 2006) • Class C Misdemeanor to disrupt classes or other school activities within 500 ft. of school or disrupting districts transportation
Maintaining a Safe School Environment • State law permits a person who obtains a license from the Department of Public Safety to carry a concealed handgun. • 3rd degree FELONY to INTENTIONALLY, knowingly, or recklessly possess a firearm or prohibited weapon on public/private school property. • “unless pursuant to written regulations or written authorization of the institution” • The federal Gun-Free Schools Act of 1994 requires a 1 year expulsion for students who come to school with a gun. (exceptions for school related events)
Maintaining a Safe School Environment • Class C Misdemeanor to recklessly damage or destroy property without the consent of the owner. • Class C Misdemeanor for a person to possess an intoxicating beverage at a public school or on the grounds of an athletic event. • 7th grade & high campuses must post an Antisteroid-Law Notice in gym and/or other locations
The Required Curriculum • Foundation Curriculum- language arts, math, science, & social studies • Enrichment Curriculum- other languages, healthy, P.E. fine arts, economics, career & technology, technology applications, & bible study • TEKS • All K-8th grade must participate in 30 minutes of moderate to vigorous daily physical activity • Employees must be trained in CPR & AEDs • Nurses, coaches, band directors, and group sponsors
Student Assessment • Must notify parents at LEAST once every 12 weeks • Grade notices must be signed & returned by parent. • TEA requires an established website for maintaining student assessment • TEA must administer to 11th graders an exit test in math, English, social studies, & science • Phasing out TAKS & replace with EOC • The commissioner sets the passing standard for the EOC (15% of the students overall grade)
Student Assessment • Failure on state assessment (grades 3-8) requires accelerated instruction in that area to be provided. • Student MUST be given 2 more opportunities to take assessment • District must provide personal graduation plan for each middle, junior, or high school student who does pass state test or not likely to graduate on time. • District may award “certificate of coursework completion” (pass curriculum fail state)