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

My ninth-grade daughter missed nine days this term due to illness. We've been informed that for this reason alone, she'll fail this term unless she makes up "seat time" at Saturday School. She's already attended one of these make-up days, during which she read an entire novel because there was no instruction. The school tells us that it's district policy to handle absences this way, because school funding depends on student attendance. But we are very frustrated and wonder if this policy is even legal.

Flunking your daughter is not legal, but requiring her to make up for missed days, while a little complicated, is another matter. "Seat time" is a most frustrating concept, especially since it addresses only the issue of attendance while disregarding learning. However, it is legal: your local school board has the authority to establish policies related to attendance and grades. Three sections of the California Education Code cover this issue (see www.leginfo.ca.gov).

Section 35181 gives school boards the authority to develop policies concerning student attendance, including the ability to define penalties for missing classes without an excused absence.

At the same time, Section 48980 (l) requires schools to notify parents that no pupil may receive reduced grades or lose academic credit because of excused absences, and illness is considered an excused absence. Thus, the district can require a student who misses classes because of illness to attend Saturday classes, but the school cannot lower the student's grade or reduce credits. This differs from the policy covering unexcused absences, which allows a teacher to fail students who don't come to class and don't have a legitimate reason for their absence (see Section 49067 [b]).

You need to review the school's policy on grades and absences, which the school should have sent home at the beginning of the year. You also need to request a meeting with the principal (I suggest you make your request in writing). Ask the administration to explain, in light of the relevant sections of the Education Code, the school policy on failing a student who misses school because of an excused absence. Bring those sections of the Code to the meeting, and quote them in your earlier letter as well.

Attendance at Saturday (or Sunday) class is voluntary, by the way. Parents of students who are assigned to a weekend class for reasons other than truancy have the right to refuse to allow their child to attend, and the student's grades should remain unaffected. But while it's voluntary, attendance at one Saturday class can earn a school up to five days of ADA (Average Daily Attendance) credit, while absences—excused or unexcused—earn no ADA funds. So attendance does become a financial issue for schools.

One further suggestion: check your daughter's school file after this is all over, to ensure that there's nothing negative in it stemming from this issue.

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