Can a student who is granted an excused absence be denied attendence benefits?

[warmhart86]

What is the name of your state?Texas

Per a letter from Attourney General John Cornyn(August 23,1999), a student cannot be denied certain benefits awarded on the merit of attendence under section 25.087(b) of the Texas Education Code. However, shouldn't a student who is excused under section 25.087(a) of that same code be allowed those same benefits?

Case: Student was out of school for four days under a doctor's care fort infectious influenza. After returning to school the student made up all work missed in less than the time allowed. The administration gave the student four "excused" absences. Now those same administrators are going to deny that student the award of being exept from final exams based on the fact that he has four absences (excused), although that student meets all of the other requirements to be expemt from final exams.

Can they do this?

 

[HomeGuru]

What is the name of your state?Texas

Per a letter from Attourney General John Cornyn(August 23,1999), a student cannot be denied certain benefits awarded on the merit of attendence under section 25.087(b) of the Texas Education Code. However, shouldn't a student who is excused under section 25.087(a) of that same code be allowed those same benefits?

Case: Student was out of school for four days under a doctor's care fort infectious influenza. After returning to school the student made up all work missed in less than the time allowed. The administration gave the student four "excused" absences. Now those same administrators are going to deny that student the award of being exept from final exams based on the fact that he has four absences (excused), although that student meets all of the other requirements to be expemt from final exams.

Can they do this?

**A: are you saying that school policy states that final exams are waived in exchange for perfect attendance?

 

[warmhart86]

Yes

The school is awarding 8th grade students who have a GPA of 90-100 and no more than 3 absences, GPA 80-89 and no more than 2 absences, the right to be exept from final exams.

 

[notsmartmark]

Yes, it is an absence, just an excussed absence. Students are denied credit all of the time for excessive excussed absences.

 

[warmhart86]

Well people take candy from the bins in the grocery store too, but that doesn't make it right. The issue is not weather they deny students all the time, the issue is weather or not they can legally do this. Besides, I would hardly call four absences in a whole school year accessive.

I have been reading over these codes all day and I keep coming to the same conclusion. If I could just find a case that sets a presidence I would feel more comfortable in my fight.

If the school is counting the student present for compulsory attendence then why should they be able to deny that student perfect attendence?

Again, CAN they legally do this?

 

[stealth2]

Sure they can.

 

[rmet4nzkx]

The word is: excessive not accesive!
Look at it this way, if the code meant for there to be a distinction between types of absenses, it would have been a part of the code, thus it includes all absenses and there may be additional consequences to unexcused absenses.

 

[warmhart86]

you are correct, I did misspell. I was not aware that this was a spelling class. Although I am aware of how anal some lawyer types can be. I regress...

The code Does distingquish between the two types of absences. I t Does state that unexcused absences are subject to penalty under section 25.085 of the Education Code.

As I stated before Section 25.087(a) it states that the school has the right to determine certain situations as excused (which they did). Section 25.087(b) states that certain situations (listed in that section) MUST be made excused. Further in the Code it states that if athe absence is excused under this code he/she must be allowed to make up the work missed for those days. If the student does complete such work in the time allowed, then the day(s) of absence shall be counted as a day of compulsory attendance. That means that they (the administrators) are to treat those days as if the student was actually at school.

Are there any actual lawyers that are monitoring this post that might have some helpful input to this situation? By helpful, I mean not only a "yes" or "no". Please give me reasons and facts to support your answer.

I am a facts and numbers person. The fact is that this code has been written. The Fact is that the school will and is allowing students to receive the exeption benefit despite the missed days they have for sporting events and/or competitions that happen during school hours. So why should a student that by the Schools own rules MUST miss school, be punished when the student is maintaining the required GPA to recieve the benefit? When I say that the school required the student to be out, in thier handbook it states that a student MAY NOT attend school if they are running a temperature and/or have a comunicable or infectious disease.

 

[rmet4nzkx]

You have received your advice, the same advice from several people, You don't like the fact that what we have said is not what you want to hear, now who is anal?

You are not understanding the differences between the language and interpretation of statute and the right of the school board to make and administer policy.

Your application of your interpretation of statute is irrevelant to the administration of school policy.

The child in question has to take finals, if they are already a good student, this should not be a problem. Your question was not re their participation in sports events. TX is a state known for holding back football players to have strong teams...... Yet DeLasalle HS in CA has the best football record in the country for years on end.... This too is irrevelent.

 

[warmhart86]

You are correct in saything that I have recieved the same advice from several people. However I have noticed that only one is a lawyer that is Homeguru. Also none of the answeres had given reason for thier opinion.
Please excuse me for wanting something a little more descriptive than a yes or a no. Then again, this forum said that the "advice" was FREE nothing said that it was good.

thank you for your assistance

 

[stealth2]

you are correct, I did misspell. I was not aware that this was a spelling class. Although I am aware of how anal some lawyer types can be. I regress...

Uuuuh, unless your devolving, that would be digress, I believe.

 

[rmet4nzkx]

You are correct in saything that I have recieved the same advice from several people. However I have noticed that only one is a lawyer that is Homeguru. Also none of the answeres had given reason for thier opinion.
Please excuse me for wanting something a little more descriptive than a yes or a no. Then again, this forum said that the "advice" was FREE nothing said that it was good.

thank you for your assistance

You have got more than a yes or no answer as well as reasons for those answers, you still don't like them. Not everyone involved in the field of law is an attorney, so your disrespect of the advice is unfounded. Grow up, if you are the student, or act like an adult if you are the parent.

 

[cmorris]

I'm in education, so maybe this will help explain it:

An excused absense is still an absense--he wasn't at school. Because he exceeded the number of absenses per school policy (not law), he has to take the finals.

Since it was excused, he was allowed to make up work and not be penalized for skipping school.

The school does not have to allow students to be excused from finals. It is school policy, with the hopes of improving attendance (thus more money for the school). Your problem is with the policy, not the law.

It all comes down to $$$. If students don't come to school, the school gets less money, excused absenses or not. This finals policy is just that--a policy. It is strictly designed to improve attendance so the school gets more moeny.

It might stink, but your child will have to take his finals, or fail. Join the PTO (or like organization) and try to change the policy. You can talk to a local attorney, but I'm confident he or she would also state it is about policy only.

 

[warmhart86]

As I said before, you are correct I have recieved answeres to my question. I also admit that I do not like the answeres I have received. Please understand that I did not intend to disrespect any part of the legal industry. I simply meant that Homeguru was the only person that had disclosed that they were infact a lawyer. Non of the other replies listed that they were in any way a part of the legal field in thier profiles. (yes I took to the time to read the profiles). So with that said, what is a person to think?

As for "growing up", that was completely uncalled for. I am the adult, and I am acting as so. I did thank you for your advice as any adult should.

Again, thank you to everyone who was willing to give me thier advice. And to those that choose to spell check and grammar check.... I am sorry that you do not have better things to do with your talent.

Good Day.