Tuloso-Midway High School

Students in Texas receive 180 days of instruction in a typical school year. Truancy law in the state requires that students be present for over half of these days. The Texas Education Code outlines truancy laws in the state and includes guidelines that both school districts and parents must follow concerning school attendance for minors.

If a child has missed 10 days or any segment of a day for 10 days within a six-month period, it is a violation of Texas truancy law. In addition, if a child has missed three days or more or any segment of a day within a four-week period it is also a violation

Texas are usually notified of their child’s excessive absences by the school. However, it is the parent’s responsibility to track his child’s attendance. Not being notified of the absences by the school is not an excuse in truancy court. Consequences are still enforced even if the parent did not receive notification.

In most cases, once parents receive a warning and there is no improvement in attendance, a complaint is filed in a Texas truancy court. Failing to ensure that a child attends school is criminal negligence in Texas, which is a class C misdemeanor. Parents can receive a fine of up to $500.

Because class time is important, doctor appointments should be scheduled, if possible, at times when the student will not miss instructional time ( after school, intersessions and extended holidays).

A student who will need to leave school during the day must bring a note from parent or guardian that morning. A student who becomes ill during the school day should, with the teacher’s permission, report to the school nurse. The nurse will decide whether or not the student should be sent home and will notify the parent or guardian.

A student may only be released during school hours (instructional day) with permission from the principal or designee in accordance with the campus sign-out procedures.

A photo ID must be presented when checking out a student, including parents and guardians.
If a student leaves without following the high school procedures for checking out, the absence will be considered unexcused.

All notes brought my students will be verified. For more information please contact JoAnne DeLuna at 903-6700.

**Please note, beginning this school year, students cannot be checked out after 4 pm.**

To receive credit in a class, a student must attend at least 90 percent of the days the class is offered. A student who attends at least 75 percent but fewer than 90 percent of the days the class is offered may receive credit for the class if he or she completes a plan, approved by the Principal, which allows the student to fulfill the instructional requirements for the class. If a student is involved in a criminal or juvenile court proceeding, the approval of the judge presiding over the case will also be required before the student receives credit for the class. If a student attends less than 75 percent of the days a class is offered or has not completed the plan approved by the principal, then the student will be referred to the attendance review committee to determine whether there are extenuating circumstances for the absences and how the student can regain credit, if appropriate. [See policy FEC.] In determining whether there were extenuating circumstances for the absences, the attendance committee will use the following guidelines:

All absences will be considered in determining whether a student has attended the required percentage of days. If makeup work is completed, absences for the reasons listed above at Exemptions to Compulsory Attendance will be considered days of attendance for this purpose.  A transfer or migrant student begins to accumulate absences only after he or she has enrolled in the district.

In reaching a decision about a student’s absences, the committee will attempt to ensure that it is in the best interest of the student.  The committee will consider the acceptability and authenticity of documented reasons for the student’s absences. The committee will consider whether the absences were for reasons over which the student or the student’s parent could exercise any control.  The committee will consider the extent to which the student has completed all assignments, mastered the essential knowledge and skills, and maintained passing grades in the course or subject.

The student or parent will be given an opportunity to present any information to the committee about the absences and to talk about ways to earn or regain credit. The student or parent may appeal the committee’s decision to the board of trustees by filing a written request with the superintendent in accordance with policy. The actual number of days a student must be in attendance in order to receive credit will depend on whether the class is for a full semester or for a full year.

State law requires that a student between the ages of 6 and 18 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.

A student who voluntarily attends or enrolls after his or her 18th birthday is required to attend
each school day until the end of the school year. If a student 18 or older has 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.]

Exemptions to Compulsory Attendance
State law allows exemptions to the compulsory attendance requirements for several types of
absences if the student makes up all work. These include the following activities and events:

• Required court appearances;
• Activities related to obtaining United States citizenship;
• Serve as an election clerk; and
• Documented health-care appointments, including absences for recognized services for students diagnosed with autism spectrum disorders. A note from the health-care provider must be submitted upon the student’s return to campus.

In addition, a junior or senior student’s absence of up to two days related to visiting a college or
university will be considered an exemption, provided the student receives approval from the
campus principal, follows the campus procedures to verify such a visit, and makes up any work
missed.

Failure to Comply with Compulsory Attendance
School employees must investigate and report violations of the state compulsory attendance law.
A student absent without permission from school; from any class; from required special
programs, such as additional special instruction, termed “accelerated instruction” by the state; or
from required tutorials will be considered in violation of the compulsory attendance law and
subject to disciplinary action.

A court of law may also impose penalties against both the student and his or her parents 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 from school on ten or more days or parts of days within a six-month period in the same school year, or
• Is absent on three or more days or parts of days within a four-week period.

If a student age 12 through age 16 violates the compulsory attendance law, both the parent and
student could be charged with a criminal offense.

If a student is age 17 or older, the student may be subject to penalties as a result of the student’s
violation of the state compulsory attendance law.

Parent’s Note after an Absence
When a student must be absent from school, the student—upon returning to school—must bring
a note signed by the parent that describes the reason for the absence, this must be received in 5 days after the student returns to school. A note signed by the student, even with the parent’s permission, will not be accepted. Nine parent notes are accepted per semester, any absences following this must be medical or will be coded unexcused.

If a student chooses to contact the parents directly and bypass the school nurse, any absence accrued will be unexcused.

Doctor’s Note after an Absence for Illness
Upon return to school, a student absent for more than 3 consecutive days because of a personal
illness must bring a statement from a doctor or health clinic verifying the illness or condition that
caused the student’s extended absence from school.
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 student’s absence from school.

Excuse can be sent via fax at 361-241-4258 or electronically to: JoAnne DeLuna (jdeluna@tmisd.us) or Cynthia Benavidez (cbenavidez@tmisd.us)

Driver License Attendance Verification
For a student between the ages of 16 and 18 to obtain a driver license, written parental
permission must be provided for the Texas Department of Public Safety (DPS) to access the
student’s attendance records and, in certain circumstances, for a school administrator to provide
the student’s attendance information to DPS. A verification of enrollment (VOE) form may be
obtained from the office, which the student will need to submit to DPS upon application for a
driver license. This verifies the student’s attendance for 90 percent for the semester a course was offered. Information is based on the previous semester. There is a 24 hour turnaround time for this document for verification and signature purposed. If not in compliance a VOE will not be issued.

Planned Use of Data: To provide documentation of enrollment and attendance status to the Texas Department of Public Safety (DPS) for a student applying for an instruction permit and/or a license to operate a motor vehicle. The student presents the completed form to DPS. DO NOT return this form to the Texas Education Agency.

Authority: The Texas Transportation Code (TRC) requires students who have not obtained a high school diploma or its equivalent to be enrolled in a public, charter, home, or private school; GED Program; or Institution of Higher Education and meet specific enrollment conditions to obtain or renew a license. This requirement applies to persons under 18 years of age.

Contacts: Contact local DPS driver license office or DPS Headquarters website: Texas DPS and e-mail: pio@txdps.state.tx.us (512-424-2000) or Texas Education Agency website: TEA and e-mail: nina.saint@tea.state.tx.us (512-463-9574).

Issuing VOE Forms: SEE flow chart for issuance at TEA - Safe Driver. The issuance or denial of the VOE form is strictly a local school, charter, GED program, or institution decision. Neither TEA nor DPS can alter a VOE decision. Schools, Charters, GED programs, and institutions of higher education can impose and enforce conditions and restrictions on enrollment and attendance as it pertains to VOE eligibility that exceed minimum restrictions defined by law and rule. It is recommended that schools, charters, GED programs, and institutions of higher education clearly outline all requirements for issuance of the VOE form and establish a formal, published policy to support the requirements. The VOE form does not have to be signed by the student in the presence of the person certifying attendance. The signature of the student can be placed on the form before or as it is presented to DPS. NOTE: Texas Education Code 25.092 (excerpted), Minimum Attendance for Class Credit, states that a student may not be given credit for a class unless the student is in attendance for at least 90 percent of the days the class is offered. The 90 percent attendance rule applies when determining VOE eligibility. Schools can accept decisions of attendance committees when considering VOE eligibility. Summer school does not count as make-up time for attendance purposes unless the attendance committee makes summer school attendance a part of a student’s plan to make up days missed. For students in grades eight and below, absences may be aggregated on the basis of a scholastic year. For students in grades 9-12, absences may be aggregated on the basis of a scholastic semester (traditional, condensed, accelerated, block, etc.). The student should be considered eligible for the VOE form when 1) the school considers the student currently enrolled at the time the student applied for the VOE forms AND 2) the school awarded a student credit for each class the semester prior to application for the VOE form OR the student was not awarded credit for each class the semester prior to application for the VOE form (academic failure). The school examines attendance records for the semester prior to application for the VOE form and determines that the student was present 90 percent of the time each class was offered OR the student was absent more than 10 percent and did not meet the 90 percent attendance rule for one or more classes the semester prior to application for the VOE form. The school attendance committee and/or administration approve a plan to allow the student to reinstate the credit for all classes. The student complies with the plan and credit for all classes the semester prior to application for the form is reinstated.

A student must meet one of the following requirements to receive the VOE form. The individual certifying attendance verifies on behalf of the school, program, or institution the following as true and correct by marking the appropriate box and affixing a legal signature to this form.
THE VOE DOCUMENT IS A GOVERNMENT RECORD AS DEFINED UNDER TEXAS PENAL CODE, 37.01(2). ANY MISREPRESENTATION BY THE APPLICANT OR PERSON ISSUING THE FORM MAY RESULT IN DENIAL OF AN APPLICATION FOR A TEXAS DRIVER’S LICENSE AND/OR CRIMINAL PROSECUTION