19 TAC §129.21
The Texas Education Agency (TEA) adopts an amendment to §129.21,
concerning student attendance accounting, with changes to the proposed text
as published in the June 2, 2000, issue of the
Texas
Register
(25 TexReg 5009). The section establishes requirements for
purposes of receiving funds under the Foundation School Program. The adopted
amendment to §129.21 adds language to require adoption of a policy concerning
parental notification concerning student departures from campus during the
school day and communication of those policies to parents.
Texas Education Code (TEC), §42.004, authorizes the commissioner of
education, in accordance with the rules of the State Board of Education, to
take such action and require such reports consistent with TEC, Chapter 42,
as may be necessary to implement and administer the Foundation School Program.
In response to comments, the following change has been made to the section
since published as proposed.
Language in subsection (d) was added to delay the effective date of the
amendment to January 1, 2001, to allow local school boards time to adopt new
policies in an orderly fashion.
The following comments were received regarding adoption of the amendment.
Comment. A representative from the Plano Independent School District commented
regarding the proposed addition to §129.21(d) related to the requirement
that schools adopt a policy addressing parental consent for a student to leave
campus and distribute the policy to staff and to all parents of students in
the district or charter school. The representative commented that delaying
the effective date of the amendment would allow local school boards ample
time to adopt new policies in an orderly fashion.
Agency Response. The agency agrees with the comment and has amended the
section.
Comment. An individual commented in support of the proposed amendment.
The individual was supportive of the concept of parental control and provided
a model policy a district could adopt.
The amendments are adopted under the Texas Education Code, §42.004,
which authorizes the commissioner of education, in accordance with the rules
of the State Board of Education, to take such action and require such reports
consistent with TEC, Chapter 42, as may be necessary to implement and administer
the Foundation School Program.
§129.21.Requirements for Student Attendance Accounting for State Funding Purposes.
(a)
All public schools in Texas shall maintain records to reflect
the average daily attendance (ADA) for the allocation of Foundation School
Program funds and other funds allocated by the Texas Education Agency. Superintendents,
principals, and teachers shall be responsible to their school boards and to
the state to maintain accurate, current attendance records.
(b)
The commissioner of education shall be responsible for
providing guidelines for attendance accounting in accordance with state law.
(c)
The commissioner of education shall be responsible for
providing all the necessary records and procedures required of school districts
in preparation of a daily attendance register.
(d)
Districts shall maintain records and make reports concerning
student attendance and participation in special programs as required by the
commissioner of education. Effective January 1, 2001, before a district or
charter school may count a student in attendance under this section or in
attendance when the student was allowed to leave campus during any part of
the school day, the district or charter shall adopt a policy addressing parental
consent for a student to leave campus and distribute the policy to staff and
to all parents of students in the district or charter school.
(e)
If a school district chooses to use a locally developed
record or automated system, it must contain the minimum information required
by the commissioner of education.
(f)
The commissioner of education shall provide for special
circumstances regarding attendance accounting in accord with the provisions
of law.
(g)
When classroom instruction is organized on a departmentalized
basis, a central attendance accounting system must be used.
(h)
A student must be enrolled for at least two hours to be
considered in membership for half-day, and for at least four hours to be considered
in membership for one full day.
(i)
Attendance for all grades shall be determined by the absences
recorded in the second or fifth period of the day, unless permission has been
obtained from the Texas Education Agency for an alternate period to record
absences.
(1)
Students enrolled on a half-day basis may earn only half-day
of attendance each school day. Attendance is determined for these pupils by
recording absences in a period during the half-day that they are scheduled
to be present.
(2)
The established period in which absences are recorded may
not be changed during the school year.
(3)
Students absent at the time the attendance roll is taken,
during the daily period selected, are counted absent for the entire day. Students
present at the time the attendance roll is taken, during the daily period
selected, are counted present for the entire day.
(j)
A student who is not actually in school at the time attendance
is taken shall not be counted in attendance for Foundation School Program
funding purposes unless the student is participating in an activity which
meets the conditions set out in subsection (k) of this section.
(k)
A student not actually on campus at the time attendance
is taken may be considered in attendance for Foundation School Program purposes
under the following conditions.
(1)
The student is participating in an activity which is approved
by the local board of school trustees and is under the direction of a member
of the professional staff of the school district, or an adjunct staff member
who:
(A)
has a minimum of a bachelor's degree; and
(B)
is eligible for participation in the Teacher Retirement
System of Texas.
(2)
The student is participating in a mentorship approved by
district personnel to serve as one or more of the advanced measures needed
to complete the Distinguished Achievement Program outlined in §74.13(a)(3)
of this title (relating to Distinguished Achievement Program--Advanced High
School Program).
(3)
The student is a Medicaid-eligible child participating
in the Early and Periodic Screening, Diagnosis, and Treatment Program (EPSDT)
implemented by the Texas Department of Human Services with contractual cooperation
of the Texas Department of Health. Such students may be excused for up to
one day at any time without loss of ADA.
(4)
Excused days for travel under the Texas Education Code, §25.087,
shall be limited to not more than one day for travel to and one day for travel
from the site where the student will observe the holy days.
(5)
The student has a documented appointment with a health
care professional during regular school hours. The appointment should be supported
by a document such as a note from the health care professional.
(l)
In accordance with the Texas Education Code, §25.087,
students may be excused for medical, dental, and psychological appointments;
for special education assessment procedures; and for special education related
services.
(m)
The superintendent of schools is responsible for the safekeeping
of all attendance records and reports. The superintendent of schools may determine
whether the properly certified attendance records or reports for the school
year are to be filed in the central office or properly stored on the respective
school campuses of the district. Regardless of where such records are filed
or stored, they must be readily available for audit by the Division of Audits
of the Texas Education Agency.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 17, 2000.
TRD-200004915
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: January 1, 2001
Proposal publication date: June 2, 2000
For further information, please call: (512) 463-9701