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Historical Rule for the Texas Administrative Code

TITLE 19EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 5PROGRAM DEVELOPMENT
SUBCHAPTER AGENERAL PROVISIONS
RULE §5.5Student Absences on Religious Holy Days
Repealed Date:05/28/2003

(a) General provisions.

  (1) In accordance with Texas Education Code, §51.911, all institutions of higher education, as defined by the Texas Education Code, §61.003, subdivision (7), and including also the Southwest Collegiate Institute for the Deaf and the Texas State Technical Institute, shall allow a student who is absent from classes for the observance of a religious holy day to take an examination or complete an assignment scheduled for that day within a reasonable time after the absence if, not later than the 15th day after the first day of the semester, the student notifies the instructor of each class the student had scheduled on that date that the student would be absent for a religious holy day.

  (2) Religious holy day means a holy day observed by a religion whose places of worship are exempt from property taxation under the Texas Tax Code, §11.20.

  (3) It is the intent of this section to remove inhibitions against student participation in their religious observances. This section constitutes a minimum guarantee of student access to religious observances. Any institution choosing to establish more lenient policies with respect to the freedom of students to observe religious holy days may do so.

(b) Policies and procedures.

  (1) Each institution of higher education shall develop and include in its official bulletins, catalogs, and other appropriate publications a statement regarding its attendance policies and procedures for religious holy days.

  (2) If the institution publishes a list of important academic dates or other schedule of significant dates, it would be appropriate to include the deadline date for notification by students to faculty members as set out in this section.

  (3) Notifications of planned absences must be in writing and must be delivered by the student either personally to the instructor of each class, with receipt of the notification acknowledged and dated by the instructor; or by certified mail, return receipt requested, addressed to the instructor of each class.

  (4) Each institution may include in its policies and procedures provisions whereby the instructor may appropriately respond if the student fails to satisfactorily complete the assignment or examination within a reasonable time after the absence. Such provisions must be communicated to the student when the student notifies the instructor of a planned absence under this section.

  (5) These policies are to be followed unless they interfere with patient care.


Source Note: The provisions of this §5.5 adopted to be effective March 11, 1987, 12 TexReg 655.

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