What the Law Says
In the section of the education code relevant to school day interruptions (Section 25.083), it specifically states the following. This section is effective starting with the 2013–2014 school year:
The board of trustees of each school district shall adopt and strictly enforce a policy limiting the removal of students from class for remedial tutoring or test preparation.
A district may not remove a student from a regularly scheduled class for remedial tutoring or test preparation if, as a result of the removal, the student would miss more than 10 percent of the school days on which the class is offered, unless the student’s parent or another person standing in parental relation to the student provides to the district written consent for removal from class for such purpose.
What It Means
This language requires local boards of education to both recognize and address the issue. Further, it states that parents must be involved in the decision-making process of extending the days a student is removed for the express purpose of remediation and test preparation. No longer can the principal or counselor make that decision on his or her own.
In the section of the code that speaks to minimum attendance for class credit [25.092 (a)-(d)], the language has been amended to clearly state that this ten percent limitation without parent permission applies to grades K–12, and it addresses not just credit but credit or final grade. Since only high schools deal with credits, middle and elementary school principals quite often have interpreted the law to mean that it did not apply to them or their students, despite the fact that TEA legal counsel had ruled that credit and grade were synonymous in law. Again, the law now clearly states that a student may not receive credit or final grade if they exceed the absence limits without parental consent.