Ask an Expert: Judy Goddess
Using California School Law To Advocate For Your Kids

Can a teacher knock down a student's grades for taking excused absences?

Is it legal for a public high school teacher to lower a student's grade due to a high number of excused absences? My younger brother is in high school, and one of his teachers is threatening to lower his grade according to his absentee ratio even though all his absences are excused. It's my understanding that public schools are paid for a student's attendance as long as the absence is excused. Therefore it doesn't seem legal for the teacher to lower a student's grade because he's been ill.

You've actually asked two questions. Let me clarify the relationship between student attendance and the funds a school receives. While it's always been true that schools receive funds based on ADA (average daily attendance), until fairly recently students with excused absences were counted as present when determining the school's ADA funding. Now, however, schools no longer receive funding for students who are not in attendance, whether their absences are excused or not. You can read more about this in section 48205 (8d) of the California Education Code (www.leginfo.ca.gov).

As to lowering a grade, that's a different issue. Section 48980 (l) of the Code discusses a school district's responsibility to notify parents or guardians that "no pupil may have his or her grade reduced or lose academic credit for any [excused] absence ... when missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time." Illness, of course, constitutes an excused absence. That means the school should allow your brother to complete all assignments and tests missed during his absence—or at least all tests and assignments that are reasonably equivalent. Obviously this makeup work has to be accomplished promptly. The teacher should make clear his or her required timeframe, and the student should be sure to meet that deadline.

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