HomeMy WebLinkAboutRes 21-25 Amending the BOT Attendance PolicyWESTLAKE ACADEMY
RESOLUTION 21-25
A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES
AMENDING THE ATTENDANCE POLICY - NO.3.02.
WHEREAS, Westlake Academy ensures. compliance with all state and federal policies
and procedures; and
WHEREAS, Westlake Academy believes that no student has the right to impede the
education of another student or disrupt the learning environment including their own; and
WHEREAS, Westlake Academy believes that excessive absences is disruptive to student
learning; and
WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best
interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake
Academy.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Board of Trustees Westlake Academy, hereby approves the
amended attendance policy for Westlake Academy attached to this resolution as Exhibit "A".
SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining prov is ions
hereof and the Council hereby determines that it would have adopted this Resolution without tile
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 1`' DAY OF NOVEMBER, 2021.
ATTEST:
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Todd Wood, Boar secretary
APPROVED AS TO FORM:
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Janet S. Bubert or L. Stanton Lowry,
School Attorney
Laura Wheat, President
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-AM4" �Q Amanda DeGan, Superintendent
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Exhibit "A"
TOWN OF WESTLAKE
WESTLAKE ACADEMY
BOARD OF TRUSTEES POLICY
Policy No. 3.02:
Date Board Adopted: August 3, 2009
Date Board Amended: November 1, 2021
Effective Date: November 1, 2021
Policy Category: Parent, Student and Faculty Relations and Expectations
Policy Name: Attendance
Policy Goal: To encourage attendance and outline student and parent requirements
Policy Description:
Regular and consistent attendance is required to achieve academic success at
Westlake Academy. Poor attendance is a major contributing factor toward receiving
unsatisfactory grades and results in an additional commitment of after school hours to
complete make-up assignments and review of class lecture notes.
Compulsory Attendance
Students who are at least six years of age, or who have been previously enrolled in first
grade, and who have not yet reached their 19th birthday shall attend school for the
entire period the program is offered, unless exempted as indicated below. On
enrollment in prekindergarten or kindergarten, a student shall attend school. Education
Code 25.085(a)—(c)
Westlake Academy requires cooperation from parents in the matter of school
attendance and punctuality. Parents should:
• Ensure your child arrives and is picked up on time each day. Families who do not
pick up their students by the time specified in the Parent/Student Handbook may
be subject to a late pick up fee after the second offense.
• Schedule routine medical and dental appointments after school hours when
possible.
• Schedule family vacations during the school's vacation days and notify the
school prior to any planned absence.
• Parents should inform the office before 10:00 am of any absences.
A student is exempt from compulsory attendance requirements if:
1. The student is eligible to participate in a district's special education program
under Education Code 29.003 and cannot be appropriately served by the
resident district.
2. The student has a temporary and remediable physical or mental condition that
makes attendance infeasible and the student has a certificate from a qualified
physician specifying the temporary condition, indicating the prescribed treatment,
and covering the anticipated period of absence for the purpose of receiving and
recuperating from remedial treatment.
Education Code 25.086
Voluntary Enrollment of Students 19 and Over
A person who voluntarily enrolls in school or voluntarily attends school after the
person's 19th birthday shall attend school each school day for the entire period the
program of instruction is offered. A board may adopt a policy requiring the student who
is under 21 years of age to attend school until the end of the school year.
After the third unexcused absence of a person who voluntarily enrolls, a district shall
issue a warning letter to the person that states the person's enrollment may be revoked
for the remainder of the school year if the person has more than five unexcused
absences in a semester.
A district may revoke for the remainder of the school year the enrollment of a person
who has more than five unexcused absences in a semester, except a school district
may not revoke the enrollment of a person under this provision on a day on which the
person is physically present at school.
Excessive absences, which is defined as 10 or more consecutive unexcused absences
may result in appropriate discipline, up to and including expulsion.
A person whose enrollment is revoked for exceeding this limit may be considered an
unauthorized person on school grounds for the purposes of Education Code 37.107
regarding trespassing.
As an alternative to revoking a person's enrollment, a school district may impose a
behavior improvement plan described by Education Code 25.0915(a-1)(1).
Education Code 25.085(e)—(h)
Excused Absences
A district shall excuse a student from attending school for the following purposes:
1. Observing religious holy days, including one day of travel to and from the site
where the student will observe the holy days, if necessary.
2. Attending a required court appearance, including one day of travel to and from
the site where the court is located, if necessary.
3. Appearing at a governmental office to complete paperwork required in
connection with the student's application for United States citizenship, including
one day of travel to and from the site of the governmental office, if necessary.
4. Taking part in a United States naturalization oath ceremony, including one day of
travel to and from the site of the ceremony, if necessary.
5. Serving as an election clerk, including one day of travel to and from the site
where the student will serve as an election clerk, if necessary.
6. A student in the conservatorship of the Department of Family and Protective
Services (DFPS) shall be excused in order to participate, as determined and
documented by DFPS, in an activity:
A. Ordered by a court under Family Code Chapter 262 or 263, provided that it is
not practicable to schedule the participation outside of school hours, or
B. Required under a service plan under Family Code Chapter 263, Subchapter
B. Education Code 25.087(b)(1); 19 TAC 129.216)(3)
7. A temporary absence resulting from an appointment with a health-care
professional for the student or the student's child if the student commences
classes or returns to school on the same day of the appointment. The student or
parent must provide documentation of the appointment from the health-care
professional. "Temporary absence" also includes an absence of a student
diagnosed with autism spectrum disorder on the day of the student's appointment
with a health-care practitioner to receive a generally recognized service for
persons with autism spectrum disorder, including applied behavioral analysis,
speech therapy, and occupational therapy. Education Code 25.08(b)(2), (b-3); 19
TAC 129,216)(3)
8. For students in the Diploma Program (11th or 12th grade), an absence to visit an
institution of higher education accredited by a generally recognized accrediting
organization for the purpose of determining the student's interest in attending the
institution of higher education. Excused absences under this provision may not
exceed two days and must be supported by documentation to verify the student's
visit at the institution of higher education. Education Code 25.087(b-2), 19 TAC
129.216)(3)
9. A student whose parent, stepparent, or legal guardian is an active duty member
of the uniformed services and has been called to duty for, is on leave from, or
immediately returned from continuous deployment of at least four months outside
the locality where the parent, stepparent, or guardian regularly resides, shall be
excused from school to visit with the student's parent, stepparent, or guardian.
An absence under this provision may not exceed five days in a school year. An
excused absence under this provision must be taken not earlier than the 60th
day before the date of deployment or not later than the 30th day after the date of
return from deployment. Education Code 25.087(b-4)
10. A student who is 17 years of age or older may be excused from attending school
to pursue enlistment in a branch of the armed services of the United States or the
Texas National Guard, provided that: the absence is not for more than four days
of school during the period the student is enrolled in high school; and the
Academy verifies the student's activities related to pursuing enlistment in a
branch of the armed services or the Texas National Guard. Education Code
25.087(b-5), (b-6)
11. A student in grades 6 through 12 may be excused for the purpose of sounding
"Taps" at a military honors funeral held in this state for a deceased veteran.
Education Code 25.087(c)
Documentinq Attendance & Make-UD Work
A student whose absence is excused for a reason described above shall not be
penalized for that absence and shall be counted as if the student attended school for
purposes of calculating the average daily attendance of students. The student shall be
allowed a reasonable time to make up schoolwork missed on the days. If the student
satisfactorily completes the work, the days of absence shall be counted as days of
compulsory attendance. Education Code 25.087(d)
Notice to Parents
The Academy shall notify a student's parent in writing at the beginning of the school
year that, 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, the student's parent is subject to
prosecution under Education Code Section 25.093, and the student is subject to referral
to a truancy court for truant conduct under Family Code Section 65.003(a).
Notice of Absences
The Academy shall notify a student's parent if the student has been absent from school,
without excuse under Education Code Section 25.087, on three days or parts of days
within a four -week period. The notice must:
1. Inform the parent that:
a. It is the parent's duty to monitor the student's school attendance and require
the student to attend school; and
b. The student is subject to truancy prevention measures under Education Code
Section 25.0915; and
2. Request a conference between school officials and the parent to discuss the
absences.
The fact that a parent did not receive the notices described above is not a defense for
the parent's failure to require a child to attend school nor for the student's failure to
attend school. Education Code 25.095
Parent Contributing to Non -Attendance
A parent or person standing in parental relation commits an offense if:
1. A warning notice is issued;
2. The parent with criminal negligence fails to require the child to attend school as
required by law; and
3. The child has absences for the amount of time specified under Family Code
Section 65.003(a).
The attendance officer or other appropriate school official shall file a complaint against
the parent in an appropriate court, as permitted under Education Code Section 25.093.
Affirmative Defense - Parent
It is an affirmative defense to prosecution that one or more of the absences required to
be proven was excused by a school official or should be excused by the court. A
decision by the court to excuse an absence for this purpose does not affect the ability of
the Academy to determine whether to excuse the absence for another purpose.
Education Code 25.093
Student Liabilit
A child engages in truant conduct if the child is required to attend school under the
compulsory attendance laws and fails to attend school on ten or more days or parts of
days within a six-month period in the same school year. Truant conduct may be
prosecuted only as a civil case in a truancy court. Family Code 65.003(a), (b)
"Child" means a person who is 12 years of age or older and younger than 19 years of
age. Family Code 65.002(1)
Affirmative Defense - Student
It is an affirmative defense to an allegation of truant conduct that one or more of the
absences required to be proven was excused by a school official or by the court or that
one or more of the absences were involuntary, but only if there is an insufficient number
of unexcused or voluntary absences remaining to constitute truant conduct. The burden
is on the child to show by a preponderance of the evidence that the absence was or
should be excused or that the absence was involuntary. A decision by the court to
excuse an absence does not affect the ability of the district to determine whether to
excuse the absence for another purpose. Family Code 65.003(c)
Truancy Prevention Measures
If a student fails to attend school without excuse on three or more days or parts of days
within a four -week period, but does not fail to attend school for the time described
below, the district shall initiate truancy prevention measures on the student. Education
Code 25.0915(a-4)
Referral to Truancy Court
If a student fails to attend school without excuse on ten or more days or parts of days
within a six-month period in the same school year, the Academy shall within ten school
days of the student's tenth absence refer the student to a truancy court for truant
conduct under Family Code 65.003(a). Education Code 25.0951
Withdrawal of Student
In order to continue enrollment from year to year at the Academy, the student or parent
must complete the Academy's annual registration process. A student who is not
registered by the deadline identified by the Academy and remains unregistered after
documented attempts to contact the student/parent will be considered withdrawn from
the Academy. Additionally, a student who is absent for five consecutive school days
without notice and efforts by administrators to contact the student or parent are
unsuccessful will be considered withdrawn from the Academy.
Additional procedural information as it relates to attendance shall be recorded
and published in the Parent/Student Handbook on an annual basis.
Dates Amended
10/05/15
08/10/16
11/1/21