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Child's rights at a Elementary School.

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J

Jim Kirkpatrick

Guest
my daughter is trying to get a golf scholarship at a college. she is going to a country elementary school that has no program. I train her and have permission to work her out at a good course on fridays at 1 p.m. the school does not want her to go, and says no to missing school a half day on fridays. i told them we will make up any homework for that one half day. still no! what are her rights and mine concerning this? [email protected] is my e-mail.:(
 


JETX

Senior Member
Your post says she is trying to get a golf scholarship at COLLEGE, yet she is still in elementary school???? Sounds strange... or something is missing.

In any case, lets assume that she is still in elementary school...
Most school attendance is mandated by state law (number of days, etc.). And since you didn't follow the forum rules (see the RED text at the top of the screen???), we can't advise if that applies in your situation. But, again, assuming it applies, I really can't see where the 'possible' need for a future sport scholarship would over-ride the current need for an academic education.

Why don't you change YOUR schedule to fit the schools. 'Work her out' on Saturdays or Sundays, or after school. It isn't as if it was "Friday or no day".

Finally, you ask what are YOUR rights and your childs rights on this. The simple answer is, this is NOT an issue of rights, but of state law.
 
J

Jim Kirkpatrick

Guest
Childs rights education. Golf.

Sorry about that. We live in East Texas. The only reason for her missing 1/2 day on fridays is that thats the only time this course will let her practice. We told her teacher and principle that we will make up any work and turn it in mondays. Pro sports such as tennis or golf the competitors start very young. She is working hard to be a good student thats not the problem. She does work every day not just fridays. What does the Texas law allow? Thanks.
 

JETX

Senior Member
Texas.... this one is easy!!!

Texas Education Code:
"§ 25.085. Compulsory School Attendance
(a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.
(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has
previously been enrolled in first grade, and who has not yet reached the child's 18th birthday shall attend school.
(c) On enrollment in prekindergarten or kindergarten, a child shall attend school.
(d) Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend:
(1) an extended-year program for which the student is eligible that is provided by the district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Section 29.084;
(2) an accelerated reading instruction program to which the student is assigned under Section 28.006(g);
(3) an accelerated instruction program to which the student is assigned under Section 28.0211; or
(4) a basic skills program to which the student is assigned under Section 29.086.
(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 18th birthday shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.

§ 25.086. Exemptions
(a) A child is exempt from the requirements of compulsory school attendance if the child:
(1) attends a private or parochial school that includes in its course a study of good citizenship;
(2) is eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by the resident district;
(3) has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment;
(4) is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011;
(5) is at least 17 years of age and:
(A) is attending a course of instruction to prepare for the high school equivalency examination, and:
(i) has the permission of the child's parent or guardian to attend the course;
(ii) is required by court order to attend the course;
(iii) has established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or
(iv) is homeless as defined by 42 U.S.C. Section 11302; or
(B) has received a high school diploma or high school equivalency certificate;
(6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:
(A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or
(B) the child is enrolled in a Job Corps training program under the Job Training Partnership Act (29 U.S.C. Section 1501 et seq.), and its subsequent
amendments;
(7) is enrolled in the Texas Academy of Mathematics and Science;
(8) is enrolled in the Texas Academy of Leadership in the Humanities; or
(9) is specifically exempted under another law.
(b) This section does not relieve a school district in which a child eligible to participate in the district's special education program resides of its fiscal and administrative responsibilities under Subchapter A, Chapter 29, or of its responsibility to provide a free appropriate public education to a child with a
disability.

§ 25.087. Excused Absences
(a) A person required to attend school, including a person required to attend school under Section 25.085(e), may be excused for temporary absence
resulting from any cause acceptable to the teacher, principal, or superintendent of the school in which the person is enrolled.
(b) A school district shall excuse a student from attending school for the purpose of observing religious holy days, including traveling for that purpose. A school district shall excuse a student for temporary absence resulting from health care professionals if that student commences classes or returns to school on the same day of the appointment. A student whose absence is excused under this subsection may 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 in the school district. A student
whose absence is excused under this subsection shall be allowed a reasonable time to make up school work missed on those days. If the student
satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance."

And there is another reason that the school district won't excuse this.... each district gets matching funds from the state for each student in attendance. And the student must be in compliance with ALL the above (including FULL day) in order to be eligible for those funds. So, if they allowed your daughter to go play, they would lose 20% of the state funds for her.

Sorry, but your daughter can't come out to play on your 1/2 day off of work. One of the 'penalties' of working a 4 1/2 day week.
 
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J

Jim Kirkpatrick

Guest
Golf Practice

I found a way for her to do it. . Thanks for all the hoop law. You need to follow your heart sometime's and not your books. There is alot of gulf in books. Where there's a will there's a way! I found a way and I'm not a lawyer , just very smart. Thanks anyway!
 

JETX

Senior Member
Good, I knew you would figure out a way for you daughter to get her education AND let you play your golf game!!

I just knew those Saturdays and Sundays tee-times were good for something!

I do have to ask though... with your 'follow your heart, not the books' philosophy.. you said, "There is alot of gulf in books". What does the gulf have to do with books????
 
S

Smithy

Guest
She is, of course, talking about how salt water can cause the ink to run, making the words illegible.
 

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