According to the National Coalition for the Homeless, “Homeless children are twice as likely as their housed peers to repeat a grade, most often as the result of frequent absences and moves to new schools.”1 The high incidence of absenteeism among this population makes it difficult for them to stay abreast of classroom curriculum, thereby hampering their understanding of subjects being studied and impacting their performance on crucial exams. It also diminishes their sense of community with their classmates, amplifies their sense of alienation, and undermines their hope for future stability. Because their unstable life circumstances alone can jeopardize the academic, social, and professional success of students in homeless situations, it is in their best interest to attend school regularly, learn all they can, and graduate. Without a high school diploma, a student enduring homelessness has only a minimum chance of overcoming his or her circumstances, finding a job, and realizing the American dream. Attendance, then, is crucial for this population. Nevertheless, a homeless student often misses many classes and thereby loses precious credits needed to graduate.

According to Section 25.092 of the Texas Education Code, “a student may not be given credit for a class unless the student is in attendance for at least 90 percent of the days the class is offered.” For most students enduring homelessness, attending nine out of every ten class periods is asking a lot. The barriers to their attending class regularly are foundational, rooted in the transience and unpredictability of their lifestyle and the numerous health risks that attend it. Interestingly, this law—which stipulates that attendance and class credit are intrinsically related—has a built-in loophole. According to the above-mentioned paragraph, the “ninety-percent rule” can be waived due to “extenuating circumstances.” The Code gives the local board of trustees the authority to determine what those circumstances are and how students will make up any missed work.

At North East ISD (NEISD) in San Antonio, the administration has implemented an attendance appeal process to determine, on a case-by-case basis, when the state’s 90-percent attendance policy can be waived. This procedure, which NEISD established for efficient implementation of Education Code 25.092, serves all students. The appeal process particularly benefits homeless students whose unpredictable circumstances often interfere with their desire and ability to attend classes regularly.

At NEISD, when a student’s attendance in any class drops below 90 percent of the days the class is offered, the school notifies the student and his or her parent or guardian (when available) in writing. The student, parent, or a representative may then appeal by submitting a written petition to the attendance committee no later than 30 days after the last day of classes. The committee reviews the student’s attendance history, considers the reasons offered for the absences, and determines whether or not credit will be awarded.

A student who misses five consecutive days due to personal illness must present a statement from a physician or health clinic verifying the illness or condition that caused the student’s extended absence from school. If the student has a history of questionable absences, the attendance committee may require a confirmation of illness from a physician or clinic after a single day’s absence. The committee’s objective is to verify whether an absence is due to extenuating circumstances and therefore excusable. Therefore, the student must produce documented reasons for absences that are acceptable and authentic. The committee also considers whether or not the student has completed assignments, mastered the essential knowledge and skills, and maintained passing grades in the course or subject.

Of course, a student is sometimes unable to attend class due to unavoidable circumstances; the attendance committee recognizes that some absences are beyond the control of the student or parents. Consequently, if a student is absent due to religious holy days or health care appointments and makes up any work missed, the missed days are counted as days of attendance. A transfer or migrant student is not penalized for absences incurred prior to his or her NEISD enrollment. Students in homeless situations who are prevented from attending school due to mitigating circumstances are subject to these same considerations. In their efforts to reach a consensus decision regarding a student’s absences, the committee always places the best interest of the student first.

When a student has lost credit because of excessive absences, the student and his or her parents may petition the attendance committee to consider related information in hopes of regaining the credit. If the evidence is accepted, the committee will offer ways by which the student can earn or regain credit, such as the following:

• complete additional assignments as specified by the committee or teacher;
• satisfy time-on-task requirements before and/or after school;
• attend tutorial sessions as scheduled;
• attend Saturday classes;
• maintain acceptable attendance standards for the rest of the semester; or
• take an examination to earn credit.