| (a) All public schools in Texas must maintain records
to reflect the average daily attendance (ADA) for the allocation
of Foundation School Program (FSP) funds and other funds allocated
by the Texas Education Agency (TEA). Superintendents, principals,
and teachers are responsible to their school boards and to the state
to maintain accurate, current attendance records.
(b) The commissioner of education is responsible for
providing guidelines and procedures for attendance accounting in accordance
with state law.
(c) The commissioner must provide for special circumstances
regarding attendance accounting in accordance with the provisions
of law.
(d) 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 stored in the central
office, on the respective school campuses of the district, or at another
secure location. Regardless of where such records are stored, they
must be readily available for audit by the TEA division responsible
for performing school financial audits.
(e) Districts must maintain records and make reports
concerning student attendance and participation in special programs
as required by the commissioner.
(f) If a school district chooses to use a locally developed
record or automated system, the record or automated system must contain
the minimum information required by the commissioner.
(g) A student must be enrolled for at least two hours
of instruction to be considered in membership for one half day, and
for at least four hours of instruction to be considered in membership
for one full day.
(h) Attendance for all grades must be determined by
the absences recorded in the second or fifth instructional hour of
the day, unless the local school board adopts a district policy, or
delegates to the superintendent the authority to establish procedures,
for recording absences in an alternate hour, or unless the students
for which attendance is being taken are enrolled in and participating
in an alternative attendance accounting program approved by the commissioner.
(1) Students enrolled on a half-day basis may earn
only one 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. Students enrolled on a
full-day basis may earn one full day of attendance each school day.
(2) Students who are enrolled in and participating
in an alternative attendance accounting program approved by the commissioner
will earn attendance according to the statutory and rule provisions
applicable to that program.
(3) The established period in which absences are recorded
may not be changed during the school year.
(4) Students absent at the time the attendance roll
is taken, during the daily period selected, are counted absent for
the entire day, unless the students are enrolled in and participating
in an alternative attendance accounting program approved by the commissioner.
Students present at the time the attendance roll is taken, during
the daily period selected, are counted present for the entire day,
unless the students are enrolled in and participating in an alternative
attendance accounting program approved by the commissioner.
(i) A student who is not actually in school at the
time attendance is taken must not be counted in attendance for FSP
funding purposes, unless the student is participating in an activity
that meets the conditions set out in subsection (j) of this section,
or unless the student is enrolled in and participating in an alternative
attendance accounting program approved by the commissioner.
(j) A student not actually on campus at the time attendance
is taken may be considered in attendance for FSP funding purposes
under the following conditions.
(1) The student is participating in an activity that
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 Chapter 74 of this title (relating to Curriculum Requirements).
(3) The student is absent for one of the purposes specified
in the Texas Education Code (TEC), §25.087(b), (b-2), or (c).
Excused days for travel under the TEC, §25.087(b)(1), are limited
to not more than one day for travel to and one day for travel from
the applicable site. A temporary absence excused under the TEC, §25.087(b)(2),
must be supported by a document such as a note from the health care
professional.
(k) A student not actually on campus at the time attendance
is taken also may be considered in attendance for FSP funding purposes
under other conditions described in the handbook adopted under §129.1025
of this title (relating to Adoption by Reference: Student Attendance
Accounting Handbook) related to off-campus instruction.
(l) 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 local school board or governing body must adopt a policy,
or delegate to the superintendent the authority to establish procedures,
addressing parental consent for a student to leave campus, and the
district or charter school must distribute the policy or procedures
to staff and to all parents of students in the district or charter
school.
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| Source Note: The provisions of this §129.21 adopted to be effective September 1, 1996, 21 TexReg 588; amended to be effective September 1, 1997, 22 TexReg 7035; amended to be effective January 1, 2001, 25 TexReg 7154; amended to be effective April 26, 2009, 34 TexReg 2535; amended to be effective February 22, 2010, 35 TexReg 1465; amended to be effective August 23, 2012, 37 TexReg 6309 |
